When we seek medical care, we want to trust that our doctors are doing their best for us. What happens when that isn’t the case?
Unfortunately, this reality isn’t an uncommon one. In fact, hundreds of thousands of Americans die each year due to medical error. Countless more have been left with injuries and long-term disabilities.
If you believe that you are the victim of medical malpractice, you’re not alone. You’re also probably wondering how to do what can seem impossible: how to sue a doctor.
We’re here to tell you that it isn’t impossible. Read on as we walk you through the process of filing a medical malpractice case.
What Constitutes Medical Malpractice?
There are medical errors that don’t count as medical malpractice. This can seem confusing at first, especially if you’ve been left with new medical issues after an appointment or procedure. The key is that a medical error must satisfy the legal standard and meet a few other criteria to count as malpractice.
First, let’s talk about the legal standard. In order to file a claim, you must be able to establish that your doctor breached or failed to meet the duty of care. In other words, you must demonstrate that they had a responsibility to provide you with the best care possible and that they failed.
Now, let’s talk about two other important factors in medical malpractice cases. One is the resulting injury and the second is the financial burden caused by said injury.
If a medical error did not result in a notable injury or disability, you probably won’t have grounds to file a medical malpractice case. If that injury didn’t lead to undue financial burdens like outstanding medical bills or lost income, you probably won’t have grounds to file a medical malpractice case.
This can sound intimidating, but it’s worth noting that if you had an official appointment, the medical professional you met with most likely owed you the duty of care. While the other factors aren’t always easy to prove, an experienced medical malpractice lawyer can help.
How to Sue a Doctor: Taking the Right Steps
If you read the above section and feel certain that you have a medical malpractice case on your hands, we urge you to keep reading. We’ll walk you through the steps you will take when suing a doctor in Nashville, TN.
Talk to a Medical Malpractice Lawyer
The first thing you should do is contact a medical malpractice lawyer. At Cummings Law, we make it a priority to tell it to you straight. Before you get the ball rolling on a case, we’ll talk to you about the best route to take to make sure that you’re using your time wisely.
We never recommend filing a medical malpractice claim without legal representation. Why?
Take a look at this statistic: an estimated one in three doctors will be sued at least once during their career. As a result, most hospitals and clinics have experienced defense lawyers on retainer. The last thing you want to do is go up against ruthless attorneys without a knowledgeable and dedicated attorney of your own.
Know Your Timeline
How long do you have to sue your doctor? According to Tennessee state law, you have one year to file your medical malpractice claim. What does that mean?
In typical cases, the clock starts ticking on the day that the medical malpractice occurs. However, if you reasonably do not discover the resulting disability or injury until later on, the clock starts ticking upon making that discovery.
Seek a Certificate from a Qualified Expert
In order to file a medical malpractice claim, you have to provide an affidavit or certificate from a qualified expert. This means that you will need to get looked at by another medical professional who can vouch for two things. One is that you are, in fact, injured or disabled and the other is that the injury or disability was reasonably preventable.
Not sure who to turn to? When you consult a medical malpractice law firm like Cummings, we can point you in the right direction.
Provide Notice
Next, you will need to provide notice to the medical professional responsible for your injury or disability. That means that before you file your claim with the court, you must let the medical professional know that you intend to do so.
How this works will vary from one jurisdiction to the next. We can assist you in putting together the right information to provide proper notice to the negligent medical professional.
In some cases, hospitals or clinics will offer a settlement to keep the claim from going to court. Always consult your attorney before accepting or declining. Oftentimes, these settlements are lower than what you deserve and should be declined–but this isn’t always the case.
File Your Medical Malpractice Claim
Finally, it’s time to file your medical malpractice claim with the court. Note that this doesn’t mean that your case will go to court in the traditional sense. Many medical malpractice claims are settled outside of court, which means that you won’t be up against a jury and a judge.
Never Fight Medical Malpractice Alone
If you want to know how to sue a doctor, the best place to start is your local medical malpractice firm. Cummings Law has represented hundreds of Nashville residents in injury claims, winning thousands in settlements. When you’re up against a medical professional, make sure that you have the best representing you.
To find out more about how we can help you with your Nashville medical malpractice claim, contact us today. We look forward to providing you with our expertise and helping you to secure the settlement that you deserve.
Posted in: Medical Malpractice