When you are sick or injured, it is essential to seek the care of an experienced doctor to ensure that you are able to quickly recover. Unfortunately, some medical professionals can neglect their responsibilities, and this can cause serious bodily harm. To ensure that victims of malpractice are able to recover damages, it is possible to file a lawsuit, but if you may benefit from learning the answers to a couple of common questions about medical malpractice.
Can You Sue For Malpractice If Your Treatment Does Not Work?
When receiving medical care, it is an unfortunate fact that each person can have a different reaction to their treatments. As a result, it is possible that a treatment that is usually highly effective may fail to work on you. While being upset about this can be understandable, you should be aware that it does not automatically mean that you can file a malpractice lawsuit. The courts recognize that treatments can have varying success rates. Rather than judging the outcome of the procedure, the courts will evaluate the doctor based on their adherence to professional standards for addressing the problem you were having treated.
Will Signing A Waiver Prevent You From Filing A Lawsuit?
Before seeing a doctor, you will likely have numerous forms that will need to be completed. Often, these documents will contain a waiver where you agree not to sue the doctor. Unfortunately, some people will fail to pursue justice in malpractice cases because they assume these waivers will prevent them from being able to file a lawsuit. However, it is important to understand that these consent forms represent a contract, and there is an implicit understanding that the doctor will not act negligently in administering care. As a result, lawsuits against malpractice can always be filed when it is possible to prove that the patient's injuries were a result of the doctor's negligence.
Medical malpractice is a serious problem that can result in severe injuries to the patient. While it is possible to file a lawsuit against a doctor that committed malpractice, it is easy to fail to understand your rights in these cases. To ensure that you are able to pursue justice in a malpractice case, it is important to understand your rights and to contact a malpractice lawyer. In particular, knowing that a failed treatment does not automatically grant you the right to file a lawsuit and that a waiver will not protect a negligent doctor from a lawsuit will help you to better understand how to proceed when you suspect malpractice has occurred.
Share16 March 2016
When I sued a product manufacturer after a disfiguring accident, I never expected to actually go to court. I assumed that the case would eventually be settled, like most personal injury cases are. To my surprise, they wouldn't budge, and we ended up having to go all the way to court. I was pretty nervous about testifying, but I had a great attorney that prepared me well, and everything went smoothly. In the end, the jury saw things my way. I realized that I probably wasn't the only person to ever experience an unexpected day in court, and that's how I got the idea to start this blog. If you're looking for tips to help you prepare or wondering what to expect when you go to court for a lawsuit, this blog contains important information for you.
