Malpractice Lawyer When Would You Need One

It can be incredibly difficult to come to terms with the fact that your doctor has made a mistake and even more so when it comes to confronting your health care provider about this mistake. What if your case isn't solid? Are you just wasting money on malpractice lawyer fees for nothing? What will this lawsuit do to your relationship with your doctor? These questions often haunt people that have suffered from medical negligence. It's difficult to face someone that you trusted with your life and limb, perhaps a close friend, and tell them they were negligent.

There is a certain standard of care that is professionally accepted in the medical community and if your health care provider isn't adhering to this standard you may have a case. It must be something specific that doesn't meet the standard of care for there to be a case. A medical technician with unsanitary instruments or perhaps one using those instruments incorrectly is a simple example of not meeting a professional standard of care. A rude nurse does not qualify as misconduct for not meeting the standard of care, but a misdiagnosis by a doctor does qualify. If you have experienced this problem with your health care provider, your case must still satisfy two other requirements before you call up a malpractice lawyer.


In addition, any breach of the standard of care must result in injury to the claimant in order to be unprofessional conduct. There must be a direct link between that breach of the standard of care and the resulting injury. An injury itself is not unprofessional conduct if the standard of care that wasn't met didn't result in that injury. If a doctor misdiagnosed you and carried out surgery that wasn't necessary then your case is solid as a rock. However, if a doctor misreads your lab results for cholesterol and you don't have a heart attack then no reputable malpractice lawyer will take your case.

Finally, the injury sustained from a lack of professionally standard care must have resulted in significant damages. In each specific case, the term significant damages, basically means whether or not the resulting compensation in court is more than the cost of a malpractice lawyer. Only medical negligence cases that result in either, unusual pain, suffering, hardship, ongoing medical bills, disability, or loss of income will incur the necessary damages to fund a proper litigation.

If your experience meets all three of the above criteria then you should consult a malpractice lawyer. Even if your health care provider acknowledges the mistake and apologizes, you should still pursue them for negligence for the sake of your own financial well being as well as to maintain a professional standard of care that other patients can enjoy.

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