Suing a Doctor If There Was No Surgery

Personal Injury Lawyer

Some patients wonder whether they can sue for medical malpractice if they didn’t have surgery. While many cases involving malpractice are the result of a botched surgery, there are many others that have nothing to do with surgery. To answer a patient’s concerns: yes, you can sue a doctor for malpractice if you didn’t have surgery. The following is some basic information to keep in mind.

Types of Medical Malpractice

While there are various forms of malpractice, the most common don’t necessarily have to do with surgery. Improper treatment is one type, as is failure to diagnose. Patients could also suffer when a doctor fails to warn patients of any known risks related to a treatment, medication or other procedure.

Proof for the Claim

You can’t just file a lawsuit against a doctor because you didn’t like the way he or she looked at you. There must be clear evidence that medical malpractice occurred. The Following are four points of proof you must be able to check off.

  1. There was a doctor-patient relationship. You can’t sue a doctor of whom you are not a patient. If you feel a physician gave someone unsound advice, you can’t really do anything legal about it. You have to be the patient of the doctor you are suing, which is generally easy to prove with medical records.
  2. The doctor acted in a negligent manner. Negligence must be proven for you to have a case. Some patients feel upset with the care their doctor provided, but that doesn’t make it negligent care. You have to be able to prove that there was a medical standard of care that physician should have provided, but willingly did not. This is often done with another medical professional’s testimony.
  3. The doctor’s negligence was a direct cause of your injury. The negligence of your doctor must have directly resulted in your injury or other harm to pursue a lawsuit. Proof can get tricky since many patients see their doctors because of an existing injury or illness, but it can be done, especially with the help of an attorney.
  4. The injury caused damages. If your injury resulted in mental anguish (pain & suffering), physical pain, lost wages or unnecessary additional medical bills, those would be damages caused by your injury. Those are the damages your lawyer can help you recover.

Contacting a Lawyer for More Information

If you were the victim of medical malpractice, you deserve compensation. Contact a medical malpractice lawyer in Deer Park, TX today to learn what you need to do next.

 


 

Thanks to John K. Zaid & Associates for their insight into medical malpractice and suing for when surgery doesn’t happen.