So you think you have a medical malpractice case, but you aren’t sure about it. You’ve heard “it’s easy to win” if you think you may have experienced medical negligence, or it’s a “quick payday” after any minor injury. Unfortunately, even if the doctor didn’t do everything right, it doesn’t always mean you have a case. A lot of people think that just because something bad could’ve happened means you are eligible to get paid.
There are a few things that I wanted to share with you which would be common misassumptions of actually having a case:
But they could’ve killed me! Don’t be fooled, if there was a chance that the doctor could’ve killed you due to medical negligence doesn’t mean you have a case. If it didn’t happen, then it didn’t happen – and that’s the way the court will see it.
They had to tell me sooner! There will be times when the medical negligence on the doctor’s behalf wouldn’t have made a difference. To put this into a better perspective, let’s assume you have cancer or another deadly illness. Receiving a late diagnosis from your doctor doesn’t mean your doctor is exactly liable for your death. Only an experienced medical malpractice attorney can help you decide if you have a case of medical malpractice.
But they treated me like a dog. Just because some doctor you were seeing was an arrogant jerk doesn’t mean he technically was wrong. It really comes down to the treatment itself. You need to prove from a scientific and legal standpoint that the doctor was careless, not rude, and that’s why you have an injury now.
It was small, but I need to sue! This isn’t always true, in fact, we turn down hundreds of cases a year where the doctor was careless, but there was minimal if any injury. Let’s say you had an incorrectly filled prescription, making you very ill for a week. If you recovered well, the odds are against you having a case that would be worth pursuing, mainly because the cost of the case will be more expensive than what you would recover from medical malpractice.