How Much Does It Cost to Sue a Doctor?
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How Much Does It Cost to Sue a Doctor?
When patients visit physicians for medical treatment, they have the right to expect a reasonable standard of medical care. You should not have to worry that your doctor’s actions will cause you additional harm.
Unfortunately, medical professionals occasionally behave in negligent or careless ways. When a doctor does not provide a reasonable standard of care, patients may experience long-term or serious consequences.
If you or someone you love has been harmed by a physician’s negligence, you may be due significant financial compensation. Instances like these can serve as the basis for a successful medical malpractice claim.
Understandably, many malpractice victims are concerned about the costs of a legal claim. How much does it cost to sue a doctor? Read on to find out.
When you need the best legal representation available, look no further than America’s largest personal injury firm, Morgan & Morgan. Our compassionate legal experts understand what it takes to fight on behalf of medical negligence victims.
You should not have to worry about the costs and losses from an injury that you did not cause. When you’re wondering, “How much does it cost to sue a doctor?” speak with a skilled tort lawyer.
To arrange a no-cost legal consultation with the specialists at Morgan & Morgan, complete the simple contact form on our website.
Understanding Medical Negligence
Doctors owe their patients a certain professional standard of care. If a medical professional fails to provide this standard, the patient may have a valid medical negligence case.
The legal concept of “negligence” involves four distinct elements. To successfully pursue financial recovery, you will need to prove the following elements of medical negligence, discussed below.
Duty of Care
In successful tort claims, the plaintiff will need to provide evidence that the at-fault party owed them a duty of care. In medical negligence cases, the victim can usually prove this by showing that there was a doctor-patient relationship.
Medical professionals owe all their patients a duty of care. For example, patients should be able to trust that they will receive accurate diagnoses and appropriate treatment.
Breach of Duty
To prove medical negligence, the victim must show that the physician in question failed to fulfill their professional duty. A breach of medical duty can take many forms.
Doctors are required to “do no harm” to their patients. Because they are experts and specialists, physicians are held to a high standard of behavior.
Breaches of duty can be either intentional or accidental. Some of the most common breaches of duty in medical negligence cases include:
- Prescribing the wrong medication
- Failing to know the patient’s current medicinal routine
- Prescribing medication in the wrong dose
- Administering the wrong drug or compound
- Failure to provide a diagnosis
- Misdiagnosing a medical condition
- Misreading or failing to account for lab results
- Failure to warn the patient of any possible risks
- Prematurely discharging someone after a treatment
Some types of medical breaches of duty are especially severe. If a surgeon is negligent, the outcome can be dire.
Causation
To show that a doctor was medically negligent, the plaintiff must prove that the breach of duty was the direct or close cause of the harm that they suffered. If the breach of duty was not the reason for the damages, the victim cannot pursue compensation.
In other words, there must be a clear causal line between the inadequate medical care and the resulting injury. Suppose that you sustained a broken arm. In this case, the standard practice would be to take an X-ray and set the bones back in place. The physician should also put a cast on your arm to encourage healing.
If the physician improperly set your arm or failed to provide a cast, this breach of duty could cause ongoing problems. A skilled legal professional will review the facts of your case to help you prove causation.
Actual Damage
Even if the physician breached their duty of care, the plaintiff needs to show that the negligent behavior caused actual harm. If the medical error did not cause any damage, the victim will be unable to recover compensation.
Perhaps your physician diagnosed you with the flu, but you only had a common cold. If the doctor prescribed medicine that made your condition better, you didn’t sustain any harm.
Speak with a tort lawyer for help proving medical negligence in your case. The accomplished experts at Morgan & Morgan have plenty of experience representing victims in medical malpractice lawsuits.
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How Much Does It Cost to Sue a Doctor for Negligence?
If you believe that your case involves all four elements of medical negligence, you may want to pursue a claim but also be concerned about the cost of legal action.
There are several costs associated with a medical malpractice claim. How much does it cost to sue a doctor for medical negligence? We’ll discuss several of the associated expenses below.
Attorney’s Fees
Most injury victims are concerned about the cost of hiring a legal representative. Fortunately, most reputable tort lawyers operate on a contingency fee basis.
With this approach to attorney’s fees, you will not pay a single dime unless your case is successfully resolved. When you hire a skilled medical malpractice attorney, you will agree to a specific percentage of the financial recovery from your case.
After they settle or win your claim, the agreed-upon portion of compensation will be used to cover the cost of attorney’s fees. This approach allows victims to seek justice, no matter their financial status.
At Morgan & Morgan, we understand the financial challenges that medical negligence victims face. That’s why we will never require upfront payments for the legal fees associated with your case.
Court Filing Costs
Attorney’s fees aren’t the only expenses associated with medical malpractice claims. You will also need to handle court fees, filing costs, document copying expenses, and other miscellaneous costs.
Typically, U.S. courts charge between $100 and $500 to file a lawsuit. It may also cost money to secure copies of relevant medical records from doctor’s offices, hospitals, and other medical care facilities. In some cases, your lawyer will handle these costs until your case has concluded. Other times, they may be your responsibility.
Expert Witness Expenses
Many times, medical negligence cases require testimony from expert witnesses. These individuals will also charge a fee for their services and to appear in court. There is no standardized or universal expert witness fee. The cost will vary depending on the witness’s level of expertise and the preliminary work required for them to testify.
Still, these professionals often charge thousands of dollars for their testimony. Expert witnesses may spend many hours reviewing the relevant documents from the case. They will also attend pre-trial depositions, which may require them to travel, which adds additional expense.
Even though the cost of expert witnesses may seem high, these professionals are important for proving medical negligence. It can be challenging to prove medical negligence without the input of a specialist.
These industry insiders will review the facts of your claim to show that your physician did not provide an adequate standard of care. The skilled professionals at Morgan & Morgan understand when expert witness testimony is valuable in a medical negligence case.
How much does it cost to sue a doctor for malpractice? The answer will depend on the specific factors involved in your claim.
To explore the potential financial costs in your case, consult with the seasoned tort attorneys at Morgan & Morgan. We will fight tirelessly to recover maximum compensation for you.
What Are Common Examples of Damages in Medical Malpractice Cases?
Patients injured by a physician’s carelessness or recklessness may be owed various types of compensation. The term for payments to the victim in medical negligence cases is “damages.”
There are three types of damages available through tort legal claims. The two most common types of compensation are known as “general” and “special” damages.
General damages are intended to compensate the victim for their intangible losses. When you have been injured because of a doctor’s negligence, you may suffer long-term emotional, physical, and psychological harm.
Some of the most common types of general damages in medical malpractice cases include:
- Loss of enjoyment of life
- Physical pain and suffering
- Mental anguish and distress
- Depression
- Post-traumatic stress disorder (PTSD)
Other types of payments are intended to return the victim to their previous financial status. This type of compensatory payment is known as “special” damages.
Some of the most common examples of special damages following medical negligence cases are:
- Related current and past medical costs
- Expected future medical expenses
- Loss of income and wages from missed work
- Decreases in long-term earning capacity
It’s important to speak with a legal expert to accurately calculate the value of your legal claim. Most victims underestimate the financial and non-financial losses that result from their injuries.
What Are Punitive Damages?
The third type of damages in tort claims is known as “punitive” damages and is much less common than “special” and “general” damages.
Unlike the other categories of legal payments, punitive damages are not meant to compensate the victim for any losses. Instead, they are intended to punish the at-fault party.
In medical negligence cases, punitive damages are usually contingent on proving that the doctor intentionally behaved in a harmful manner. Rules regarding punitive damages differ from state to state.
To determine the value of your medical malpractice case, consult with an experienced tort attorney. Contact the firm of Morgan & Morgan to pursue the money you need to move forward.
The Team at Morgan & Morgan Is Ready to Fight for You
Whatever the circumstances of your medical malpractice case, our legal team can help. Since our firm’s founding, we have recovered more than $20 billion dollars in compensation for our clients.
It’s important to hold negligent medical professionals accountable for the damage they cause. Our skilled tort attorneys will assess the validity of your claim and work vigorously to recover every cent you deserve.
We will happily provide you with a free legal consultation with no obligation to hire our firm. To schedule a free initial evaluation, complete the contact form on the Morgan & Morgan website now.
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