Do you feel like you were wronged by a doctor and have a valid medical malpractice case on your hands? If so, it will help to know these tips that can help justify a lawsuit.
Know That You Must Have Sustained Damages
It's important to understand that it is not enough for a doctor to simply make a mistake to justify a medical malpractice lawsuit. There must be some type of damage caused to you that you can prove. For example, you may have additional medical bills due to a doctor's negligence, or you may be experiencing chronic pain due to a mistake that was made.
Understand Your Cap On Damages
One of the first things that you need to understand is that your state is going to have a cap on how much damage compensation you can receive for pain and suffering. There may be a specific upper limit for pain and suffering damages, which can make a medical malpractice lawsuit worth pursuing.
Some states determine pain and suffering by taking your special damages, which are your out-of-pocket medical bills, and applying a multiplier to them based on the extent of pain and suffering you are experiencing. This means an incident that led to small additional out-of-pocket costs may not result in a large amount of pain and suffering.
Know Your Special Damages
Many people assume that their special damages are simply the bills that they received from doctors. Those special damages actually go beyond your medical bills. You may be able to receive compensation for time off of work that you had to take, even if you are a salaried employee, because you suffered lost wages. For example, there is mileage on your car to consider for your doctor appointments. You can even include the cost of durable medical goods, such as crutches, bandages, and things of that nature. Every bit of special damages matters.
Find Your Expert Witnesses
The hardest part of a medical malpractice lawsuit will be to find an expert witness to testify on your behalf to explain what was done wrong with your medical situation. This is typically another doctor since they have the expertise of the doctor you are suing. They need to explain what mistake was made, how it could have been prevented, and how uncommon it is to see this type of mistake made in the medical community. Without an expert witness, it will be tough to win a case.
For help with your case, contact a medical malpractice attorney in your area today.