Posted on: Sep 17, 2018By Flores Tawney & Acosta, P.C.

how to sue a doctorYou may not know it, but you have legal rights if you were harmed at the hands of a medical professional. Just because a doctor is in a position of authority doesn’t mean that you can’t recoup damages.

In fact, doctors have a legal duty to treat patients with a high degree of care. When a doctor breaches that duty and harms a patient, the injured patient can file a medical malpractice lawsuit.

But how do you sue a doctor?

1. Gather Documentation and Evidence

One of the most important steps to take when pursuing litigation against a medical professional is to be sure to document your injuries. In fact, you should be writing down as much about your medical experience as possible.

You should also request copies of your medical records immediately, and seek follow-up care for any injuries or harm you’ve sustained.

2. Hire a Medical Malpractice Attorney

Don’t overlook the importance of hiring a medical malpractice attorney who can represent you during the claims process and guide you through how to sue a doctor. Not only will an attorney help you understand what type of evidence you need, but who is liable, how to file your suit, when you need to take action, and more.

3. Work with Experts

As your attorney will surely explain, experts are paramount to your case. You will, at the very least, need to work with medical experts who can provide a statement regarding the breach of the medical standard of care. You may also need to work with financial experts, psychiatrists, and more. Expert opinion can make or break a case. Experts not only help you to prove that malpractice occurred, but also the extent of the damages that you have suffered as a direct result, too.

4. File Your Suit in a Timely Manner

If you don’t file your suit within the required amount of time, you will be barred from recovering compensation indefinitely. The statute of limitations for medical malpractice claims in Texas is two years from the date of the cause of action. In New Mexico, the statute of limitations is three years.

A delay can seriously jeopardize your case – it is best to hire a lawyer and start the process of filing a lawsuit immediately.

Learn More About How to Sue a Doctor for Malpractice

If you have more questions about how to sue a doctor for malpractice, Flores, Tawney, and Acosta can help. We have years of experience behind us, and are passionate about ensuring that patients harmed by doctors’ negligence are compensated for their losses.

To schedule a free, no-obligation case consultation with our lawyers, contact us today.

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