How to Sue a Doctor

A medical mistake is negligence committed by a doctor. To sue a doctor for medical malpractice you must prove that he was negligent and that his action or lack of action caused further injury.

Instructions

Difficulty: Moderately Challenging

1. Consult an attorney experienced in medical malpractice cases. She will be able to advise you if you have a lawsuit and how to go about bringing suit against the doctor.
2. Evaluate the doctor's standard of care. In order to be considered negligent in the court of law, you will have to prove that the doctor deviated from the standard of care. This means that most doctors in the same situation would not have done the same thing.
3. Locate expert witnesses. You will need to prove during trial, with expert testimony, that the doctor deviated from the standard of care.
4. Document thoroughly any injury you suffered due to the doctor's negligence. You can only sue a doctor if you suffered an injury as a result of the doctor's mistake. You cannot sue for the injury that first brought you to the doctor.
5. Bring copies of your complete medical records to court for the trial. Make a written request to the doctor's offices asking for your records. You are legally allowed to have copies of all records that doctors keep on you. You will need records from the office of the doctor you are suing as well as the doctor that treated you for any injury you sustained. The doctor you are suing cannot refuse to release your records.