If you get injured when receiving medical treatment in Denver, you might start wondering whether you can sue the hospital or doctor. You could sue the doctor who treated you for medical malpractice if you were harmed by the doctor o the doctor failed to perform his medical duties competently. However, before you run to court, there are a few things you need to know concerning medical malpractice.
• You need to prove that there was a doctor-patient relationship. You need to show that you had hired the doctor to give you medical treatment and the doctor accepted. You can show that you visited a hospital or clinic in Denver and paid to get treated by a doctor.
• Also, you need to show that the doctor was negligent in your treatment. Just because you are unhappy with the treatment results does not mean that the doctor was negligent. You need to show that the doctor harmed you in a way that a competent doctor would not have done in similar circumstances.
• If you got injured in the process, you need to show that the injury was a result of the negligence on the doctor’s part. In most cases, a medical expert has to testify that the injuries obtained were as a result of the doctor’s negligence.
• The injury has to lead to specific damages. They include physical pain, additional medical bills, mental anguish, lost earning capacity and lost work.
Common types of medical malpractice include the following:
• Failure to give a proper diagnosis. If a competent doctor would have diagnosed the illness and given a treatment method that would have produced better results, then the patient can sue for medical malpractice.
• If the doctor treats the patient in an improper way that a competent doctor would not, the patient can sue for malpractice.
• If the doctor administers treatment but fails to inform the patient of the possible risk and the patient suffers, the doctor can be sued for medical malpractice. A doctor must fully inform the patient of any risks involved with the treatment and let the patient decide on whether to proceed with it or choose a different treatment.
In a medical malpractice case, expert opinions are always required. A qualified expert has to give their opinion that the patient’s injuries were as a result of the doctor’s actions. However, in some cases, an expert is not required like if surgical tools are left inside the patient’s body after surgery.
Different states have different windows for suing for medical malpractice. In most cases, you are expected to present your claim as soon as you discover the injury. In most cases, the evidence is presented before a review panel so they can decide if there was medical malpractice. Patients must pass through the medical malpractice review panel before they can proceed to court.
Medical malpractice law is governed by complex rules that most people do not understand. If you suspect that the doctor was negligent or get injured in the course of the treatment, you can look for Denver personal injury lawyers to help you get compensated for the damages you incur.