How To Sue A Doctor For Pain And Suffering

We often have faith in our doctors to take care of us, our parents, our children or the elderly members of our family. However, there are regrettable circumstances where doctors can let their patients down, delivering substandard care or neglecting the basics of medical practice.

Often, this kind of malpractice can have long-lasting effects, resulting in a loss of employment or prolonged periods of pain. If these things happen, then we are entitled to be compensated appropriately.

People will commonly feel reluctant to do this with a doctor, but ultimately there is funding that is in place for this eventuality. If you can get reimbursed for damages that were not your fault, then you stand a better chance of getting back on your feet once you are well again.

But how can you know whether you are within your rights to sue a doctor? How can you spot the signs for medical malpractice? What are the things that you can sue a doctor for? How do you calculate the pain and suffering you’ve experienced?

Well, if you feel like you have been a victim of these things, don’t worry, we’ve got a brief guide to helping you if you want to sue a doctor for pain and suffering.

Why Would You Sue A Doctor?

If you think that you have suffered an injury due to medical malpractice, then you might be asking yourself what sort of monetary compensation is entitled to you. Complainants in medical malpractice suits can be compensated both financially and economically for these issues.

A reason to sue a doctor will be if you have a reasonably held belief that your injuries were a direct result of prescribed medication or surgery.

If you are left with expensive hospital bills, you can get these reimbursed by the medical establishment by suing for malpractice. This is very important, especially if the costs are hefty and you might be left in a significant amount of financial trouble as a result of them.

What Is Medical Malpractice?

Usually, a visit to your doctor should give you enough information and referrals to get you on the road to recovery as soon as possible.

However, if medical malpractice has been committed, you’ll usually find yourself worse off after a trip to your local GP. This might result in further medication or surgery, resulting in your pain and suffering being drawn out a lot longer than it would have if you hadn’t consulted your doctor.

There are plenty of laws that protect you from receiving a substandard level of care from medical professionals. You can sue a doctor for both yourself or on behalf of a relative.

This is important if you have an elderly member of your family who might not have the capacity to make decisions for themselves.

What Can You Sue A Doctor For?

Negligence from medical professionals can take many different forms. They can range from complaints not being taken seriously to an incorrect dose of medication being administered.

If a doctor refuses a blood test or does not make an important referral in time are also examples of medical negligence.

Here is a list of some of the things that you can sue a doctor for:

  • Follow up appointments not being carried out quick enough
  • Serious illnesses such as cancer being misdiagnosed
  • Broken or fractured bones not being referred to for an X-ray
  • Failing to follow up on a patient concern
  • Failing to identify an illness

If any of the above seem familiar to you, then you should certainly check with your nearest claims agency to see if they can help guide you through the first steps of suing your doctor.

If your doctor has not performed in a manner that other doctors will have performed, then the likelihood is that you’ll have a claim that could be successful.

How Do You Calculate Pain And Suffering?

It is tricky to place an economical value on pain and suffering. Often the emotional, physical and mental trauma inflicted on the patient as the result of medical negligence is far worse than the economic fallout. However, these financial after-effects can be equally as debilitating in the long term.

Different courts do have methods for calculating the monetary value of pain and suffering. One way is to evaluate the claimant’s medical expenses and multiply them by a certain number to reflect the severity of the injury that has been inflicted.

For example, if a man experiences increased suffering due to an undiagnosed fracture in the spine, resulting in $7,000 in medical expenses, then a jury might decide that his suffering is 3 times the normal amount.

This means that he is entitled to 3 times the amount of his medical bills, his compensation being somewhere in the region of $21,000.

However, if a complainant lost their leg as a result of medical malpractice, then you can expect the compensation to be a lot higher, due to the significant increase of pain and suffering.

In such a case, a jury might rule that a medical company has to pay over $150,000 in expenses, possibly even more.

How Does Pain And Suffering Factor Into Your Claim?

There are numerous ways that the amount that has been calculated in pain and suffering can be factored into a claim. A claimant’s credibility and demeanor will certainly factor into the jury’s final decision on the ruling.

The nature of the injuries will also sway a jury in their favor. Severe injuries that involve disfigurement or permanent disability will also affect the nature of the outcome.

However, bear in mind that certain states place a cap on the amount of compensation that you’ll receive on an injury. You might only receive $250,000 or $500,000 claim on one of the most serious injuries.

One of the ways to increase the amount of compensation that you’ll claim is by acting as fast as possible once you have secured legal representation in court.

The faster you can investigate every avenue of your claim, the more likely you’ll have a chance of receiving the appropriate amount of compensation.


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