Doctors are human, and humans make mistakes. But when a medical professional’s error causes harm or injury, it’s natural to wonder—can you sue your doctor for what happened? The short answer is yes, but only under specific circumstances. What you’re actually pursuing in this situation is a medical malpractice claim.
When you go to the doctor, you trust them to provide competent care. While not all mistakes qualify as malpractice, there are situations where you may have grounds to file a lawsuit.
What Is Medical Malpractice?
Medical malpractice occurs when a healthcare provider fails to meet the accepted standard of care and directly harms a patient. Doctors and other medical professionals must act as reasonably skilled practitioners would under similar circumstances. They can be held legally accountable when their actions (or inactions) deviate from this standard and cause injury.
Key Elements of a Medical Malpractice Case:
To sue your doctor successfully, you must prove the following four key elements in a malpractice claim:
- Duty of Care: Your doctor owed you a duty to provide competent medical care.
- Breach of Duty: Your doctor failed to meet the accepted standard of care through negligence or error.
- Causation: The breach of duty directly caused your injury or worsened your condition.
- Damages: You suffered harm, such as physical injury, emotional distress, financial losses, or a combination of these.
Important Note: Not all medical errors amount to malpractice. To build a case, your harm must be significant enough to justify legal action. For example, a minor mistake with no serious consequences would not typically lead to a malpractice suit.
When Can You Sue Your Doctor?
There are specific scenarios where suing a doctor might be appropriate. Here are the most common examples of medical malpractice:
1. Misdiagnosis or Delayed Diagnosis
Failure to diagnose a condition—or diagnosing the wrong condition—can lead to harmful delays in treatment.
- Example: A patient with early-stage cancer is told they have a benign condition, causing the cancer to progress untreated.
2. Surgical Errors
Mistakes during surgery can have life-changing consequences, from operating on the wrong body part to leaving surgical tools inside the patient.
- Example: A surgeon accidentally nicks a nerve during routine surgery, causing permanent damage.
3. Prescription Errors
Prescribing the wrong medication—or the wrong dosage—can result in serious harm, allergic reactions, or even death.
- Example: A doctor fails to check a patient’s medical history, prescribing a drug that interacts dangerously with an existing condition.
4. Birth Injuries
Errors during labor and delivery can harm both mother and baby, including conditions like cerebral palsy caused by oxygen deprivation.
- Example: A delayed C-section leads to preventable complications, resulting in lifelong health issues for the newborn.
5. Neglect or Lack of Follow-Up Care
Doctors are responsible for monitoring patient recovery and addressing complications.
- Example: A patient is discharged from the hospital without proper instructions or care, resulting in an untreated post-surgical infection.
6. Anesthesia Errors
Mistakes with anesthesia administration, such as giving too much or too little, can cause severe complications.
- Example: A patient wakes up during surgery because of improper anesthesia dosing.
These are just a few examples. Each case is unique, and whether you can sue depends on the specific circumstances and the evidence available.
How Do You Prove a Medical Malpractice Case?
Proving medical malpractice can be challenging, as the burden of proof falls on the patient. To build a strong case, you need to gather sufficient evidence to establish:
1. Establishing Duty and Breach of Duty
Show that the doctor had a duty to provide care (e.g., through a doctor-patient relationship) and that they deviated from the standard of care.
Evidence to Collect:
- Medical records showing your treatment plan.
- Documentation of what actions the doctor took (or failed to take).
- Expert testimony from other medical professionals who can confirm what the standard care would have looked like.
2. Proving Causation
It’s not enough to show that the doctor made a mistake—you must link it directly to your injury or harm.
Example: If the injury would have occurred regardless of the doctor’s actions, causation may not be established.
3. Showing Damages
You need to provide evidence of how the malpractice caused harm, such as additional medical bills, lost wages, or physical pain.
Evidence to Collect:
- Medical bills and records of follow-up care.
- Proof of income lost due to missed work.
- Testimony about emotional distress or reduced quality of life.
With the help of a qualified medical malpractice attorney, you can work to present compelling evidence for each element of your case.
Steps to Take If You Suspect Medical Malpractice
If you believe a doctor’s mistake harmed you or a loved one, here’s what you should do:
1. Request Your Medical Records
Your first step is to request your complete medical records from the doctor or hospital involved. These records will be critical for reviewing what went wrong.
2. Seek a Second Opinion
If possible, consult another healthcare provider to assess your condition and confirm whether the initial treatment was substandard.
3. Document Everything
Keep a detailed record of your symptoms, treatments, follow-ups, and communications with your medical team. This will help create a timeline of events for your case.
4. Consult With a Medical Malpractice Attorney
Medical malpractice law can be complicated; you shouldn’t go through it alone. An experienced attorney will evaluate your case, gather expert testimony, and help ensure you meet deadlines like the statute of limitations.
Tip: Many medical malpractice attorneys work on a contingency basis, meaning you only pay if your case is successful.
5. File a Claim Within the Statute of Limitations
Each state has a time limit (statute of limitations) for filing malpractice claims, often ranging from 1-3 years. Failing to meet this deadline can disqualify you from seeking compensation.
Boston Medical Malpractice Attorneys
Navigating the complexities of medical malpractice can be daunting, but understanding your rights and options is crucial for anyone affected by medical errors. If you suspect malpractice, it's essential to take timely action, document the incident thoroughly, and consult with a knowledgeable attorney to explore your legal options. At Crowe & Harris, LLP, we are committed to helping residents of Boston, MA, and beyond seek justice and fair compensation for medical malpractice. Our experienced attorneys are here to guide you through every step of the process, providing the support and expertise you need to make informed decisions. Contact us today at (617) 404-3417 to schedule a consultation and learn more about how we can assist you in your pursuit of justice.