When you want to file a medical malpractice case, you’ll first need to make sure you have a case to work with. Medical malpractice is when a doctor’s negligence or mistaken diagnosis leads to harm to a patient. This action must have been negligent or caused by subpar care, so it’s not enough for a doctor not to know what was wrong because of a difficult case. Instead, you’ll need to prove that other doctors in the same position would have made the correct diagnosis.
If you believe that negligence or a poor standard of care is present in your case, then you should speak with the doctor or professional involved. Do this before you file a claim and try to discuss what happened to understand mistakes or errors that may have happened. In some cases, your medical provider may be able to offer a solution that doesn’t require going to court.
If you still want to proceed, you’ll need to contact the medical licensing board. There, they can order the doctor to compensate you for your injuries, issue warnings or discipline the individual. Your attorney can help you make a claim in this manner or through the courts if you decide to go through that method.
When you file your claim, you’ll need to show how the error took place and show how you’re affected now or how you were affected in the past. If you have injuries, make sure you have documentation, images or videos for proof of the severity of the injury and how it affected your life.