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You may be able to sue a doctor for medical malpractice when the doctor provided care that fell below the accepted medical standard, the doctor was negligent, and that negligence caused you actual harm. A bad medical outcome by itself does not necessarily mean malpractice occurred.
Medical treatment involves risks, and some complications can happen even when a doctor provides appropriate care. To sue a doctor for malpractice, you generally need evidence connecting the healthcare provider's conduct to the injury you experienced.
The Doctor Owed You a Duty of Care
The first issue in a medical malpractice claim is whether a doctor-patient relationship existed. When you receive treatment from a doctor, the physician generally has a professional duty to provide care that meets the applicable standard.
This duty can involve diagnosing medical conditions, recommending appropriate treatment, monitoring a patient's condition, obtaining informed consent when required, and responding appropriately to changes in the patient's health.
Without an established duty of care, a medical malpractice claim may not have the necessary foundation.
The Doctor Failed to Meet the Standard of Care
Doctors are generally expected to provide treatment consistent with what a reasonably competent medical professional would have done under similar circumstances.
A potential malpractice case may arise when a doctor fails to properly diagnose a condition, makes an unreasonable treatment decision, fails to monitor a patient, or does not respond appropriately to serious symptoms.
However, determining whether the standard of care was violated usually requires a detailed review of the medical circumstances.
The Negligence Caused an Injury
Showing that a doctor made a mistake is not always enough. The mistake generally must have caused an actual injury or worsened an existing medical condition.
For example, if a doctor failed to diagnose a serious condition but the delay did not affect the patient's outcome, proving causation may be difficult.
Medical experts may be needed to explain how the doctor's actions contributed to the injury.
You Experienced Actual Damages
A malpractice claim generally involves measurable harm. Damages may include additional medical expenses, rehabilitation costs, lost income, reduced earning capacity, pain and suffering, or other losses depending on the applicable law.
In serious cases, a patient may require long-term treatment or assistance. Documentation of these consequences can be important when evaluating a potential claim.
Misdiagnosis or Delayed Diagnosis
A doctor may potentially be liable when a condition is misdiagnosed or diagnosed too late because the doctor failed to meet the applicable standard of care.
Not every incorrect diagnosis is malpractice. Doctors can reasonably reach different conclusions based on the information available at the time.
The important question is whether the doctor's diagnostic process was consistent with the appropriate standard of care and whether the error caused harm.
Medication or Treatment Errors
Medication mistakes can also lead to malpractice claims. Examples may include prescribing the wrong medication, providing an incorrect dosage, failing to recognize a dangerous interaction, or not considering relevant allergies or medical conditions.
Treatment errors may similarly become the basis of a claim when they result from negligence and cause injury.
Medical records, prescriptions, pharmacy information, and treatment notes can be important evidence in these situations.
Surgical Errors
Surgical procedures involve risks, but certain errors may indicate negligence. Potential concerns can include operating on the wrong site, leaving an object inside a patient, damaging an organ unnecessarily, or failing to properly monitor a patient.
Determining whether a surgical complication resulted from negligence requires careful medical and legal review.
Lack of Informed Consent
Patients generally have the right to receive appropriate information about significant risks, benefits, and alternatives before certain medical procedures.
If a doctor fails to provide legally required information and the patient undergoes a procedure without meaningful consent, there may be a potential legal claim depending on state law and the circumstances.
The rules surrounding informed consent differ between jurisdictions.
Medical Records Can Be Important Evidence
Medical records can help establish what treatment was provided and when it occurred. Records may include physician notes, test results, prescriptions, imaging, hospital records, and communications between healthcare professionals.
Patients should preserve copies of relevant records and other documentation, including medical bills and information about missed work.
A qualified attorney can review these materials and determine whether additional evidence or expert opinions may be needed.
Key Takeaways
A poor medical outcome does not automatically mean malpractice occurred.
A doctor generally must owe the patient a professional duty of care.
You typically need evidence that the doctor failed to meet the applicable standard of care.
The negligent conduct must generally have caused an actual injury.
Medical expenses, lost income, and other losses may form part of a malpractice claim.
Misdiagnosis, treatment errors, surgical mistakes, and informed-consent issues may potentially support a claim depending on the circumstances.
Anyone considering suing a doctor for malpractice should have the circumstances reviewed by a qualified medical malpractice attorney.