Should I Sue My Doctor?

Even a trial attorney must remember that it is no small thing to sue a physician, or anybody else for that matter. Sure, doctors are generally covered by medical malpractice insurance. Still, it's got to be hard not to take getting sued personally. So when should you consider suing your physician?

• When your injury is both permanent and profound. Medical malpractice lawsuits are no small undertakings. They are time consuming and expensive. These cases are won when the person bringing the claim (the plaintiff) can demonstrate that the physician, nurse, or other provider failed to abide by the standard of care, that is failed act as a careful doctor, nurse, etc. would under the same or similar circumstances. To prove what the standard of care required experts must be hired. Also, the plaintiff must prove that the defendant's negligence actually caused the injury. Proving causation usually requires hiring even more experts. All these experts get mighty expensive, so, to put it bluntly, the case has to be worth it. Anyway, all of us ought to be able to endure minor injuries even if caused by another person's error. If a doctor screws up and you get hurt but heal quickly and completely, get over it and move on.

• Soon after you become suspicious about some sort of medical wrongdoing as a cause of the injury or death. In all 50 states there is a time limit on when you can file a medical malpractice lawsuit. In Illinois, you will have two years from the date that you knew or reasonably should have known that you (or your loved one) was the victim of medical wrongdoing. However, the lawsuit cannot be filed more than four years from the exact date of the wrongful conduct or omission. (Remember, all states have different filing deadlines.) This time limiting deadline is longer in Illinois if the injury involved a minor. Two years sounds like a long time, but it really isn't. Your attorney will need to acquire all of your medical records, hire experts and do a thorough investigation before any lawsuit is filed. This takes considerable time, so see an attorney as soon as possible.

• Even if you think your doctor or health care provider made an honest mistake. Many of us like our doctors. I do (except when he makes me wait). But if the injury is severe, or if a family's wage earner dies due to medical negligence, the harms and losses caused by the error need to be compensated. This need is not esoteric, it's real. Medical negligence often deprives victims and their families of the ability to earn a living for themselves and their loved ones. Also, in my experience medical malpractice lawsuits better the practice of medicine generally. I have been told by more than one doctor that while they hate medical malpractice lawsuits generally, they tend to make physicians more careful about the way they go about diagnosing and treating their patients. Many excellent physicians get involved with serving as expert witnesses in order to learn from the mistakes made by others. Exposing errors, especially those types of mistakes that tend to occur over and over again is far better, in my estimation, than sweeping those errors under the rug, or burying them. Medical errors, mistakes, negligence, malpractice all mean exactly the same thing under the law, and all are compensable. A health care provider need not have acted with an intent to do harm (and virtually none do), for his or her conduct to give rise to a medical malpractice lawsuit.

Once you decide to contact a lawyer, contact one with a lot of experience in handling medical malpractice cases. These cases tend to be quite complicated. A lawyer that handles personal injury cases but has little experience with medical malpractice would not be an appropriate person to handle such a case. As when choosing a doctor, use the internet to do your homework when choosing an attorney. Most good, experienced law firms have websites on which they list the kinds of cases they handle and offer a sampling of their successes. Also, attorneys are licensed by state and most states offer the means online for the general public to check the status of an attorney's license. (Illinois' website can be checked by clicking here.) All medical malpractice attorneys should work on a contingency basis, meaning that there is no fee unless your case resolves successfully. Initial consultations should always be free.