How to Sue a Doctor

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Medical malpractice.

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

    • 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.

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Comments

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  • mitamilo Sep 21, 2010
    I need help to find a attorney in jacksonville, FL I need to sue a OBG doctor I visited she put wrong IUD birth control in my body I am so scared can't even go through another doctor and get this thing out because of the pain she put me through she put the wrong IUD (the one w hormon) I requested in my medical forms and in person to her (IUD with no hormon) now it is in my body, i don't knw what to do my insraunce paid for it but they don't knw it is wrong one, I don't knw if insruance will refuse to pay them once find out they did wrong I dont' want to be responsbile pay for something i didn't request plus i went through so much pain during the procedure she is bad doctor I can't go back to her to take this out and replace it w correct one she refuses to return my call she refuses to provide me copy of my medical forms that shows I request non hormom birth control IUD I have...

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