How to Sue for Medical Malpractice
- 1). Gather evidence that the patient, either you or someone for whom you are responsible care, has been harmed. This can be direct harm, such as physical damage, but it can also be less direct, such as emotional or monetary damage.
- 2). Assess if the healthcare provider (i.e. physician, nurse, EMT) had a duty to provide the patient care. If the patient arrives in an emergency room in need of urgent care, healthcare providers are under a different set of rules than if they are by chance in the same room with someone who suddenly needs care at a party, movie, sporting event, or even an accident. Many doctors have been advised not to identify themselves at accident scenes because of the liability they can incur.
- 3). If care was provided or should have been but wasn't, determine if a healthcare provider caused the harm to the patient by failing to reach a standard of care for someone in a similar situation. Harm can occur from something wrong done to the patient, or can include failure to warn, treat, or diagnose a condition. You could ask medical professionals for their advice for the given situation, but eventually, if you believe that malpractice occurred, you'll want to talk to a malpractice attorney.
- 4). Consider who is at fault. Did a practitioner fail to follow a clinic or hospital's guidelines, were the clinic's policies and guidelines followed but flawed, or was a hospital missing a piece or equipment or supplies that it needed to meet its standard of care?
- 5). Contact a medical malpractice attorney. This is a complex area of both law and insurance (the malpractice insurance that settles claims). The steps above are guidance to prepare you for a discussion with an attorney. See http://www.medicalmalpractice.com/ as a starting point.