How to Sue a Doctor for Pain and Suffering

February 22, 2021
How to Sue a Doctor for Pain and Suffering

When you reach out to a healthcare provider for help with a medical concern or condition, you trust that they will do everything they can to help you. In some cases, you’re trusting them with your life.

Unfortunately, healthcare providers are not immune to human error—and it can cost people. When a medical professional makes a mistake, in some cases they can be held accountable through a medical malpractice lawsuit.

If you believe you have been a victim of medical malpractice, you may be wondering if you can seek compensation for more than just your added medical expenses.

Pain and suffering is one of the most impactful damages a person can endure and should be considered as such when your personal injury lawyer calculates the value of your claim. Continue reading to learn more about how to sue a doctor for pain and suffering.

Medical Malpractice Lawsuits Against a Doctor

In order for any medical malpractice lawsuit against a doctor to be successful, your lawyer will need to be able to show, based on a preponderance of the evidence, that the physician in question breached their duty of care to the patient.

Your lawyer will first need to show that the doctor had a medical duty to you (the patient)—meaning a doctor/patient relationship had been established.

From there, your lawyer will work to prove that the doctor breached the duty of care by making a mistake or decision that caused your injury or illness. Any mistake or decision that another healthcare provider of similar training, education, and experience would not have made could show a breach in the medical standard of care and therefore could be grounds for a medical malpractice lawsuit against the doctor.

Suing for Pain and Suffering

Although you might be aware that you can seek compensation for your economic (or financially based) losses, you might be unsure whether you can be compensated for non-financial issues stemming from the situation. One of the more commonly sought after damages in a medical malpractice claim is pain and suffering.

This describes both the physical pain and suffering the patient endured as a result of the injury or illness they sustained at the hands of their healthcare provider. Despite the fact that physical pain and suffering has no explicit monetary value and is difficult to quantify, the impact on the patient’s life is often undeniable.

For this reason, your lawyer will ensure that your pain and suffering is taken into consideration when calculating the value of your medical malpractice claim. If you have questions about how much you could be awarded if your lawsuit is successful, discuss them with your attorney.

Contact a Medical Malpractice Lawyer in Illinois

If you have endured considerable pain and suffering due to the injuries you sustained at the hands of a doctor, you may have grounds for a medical malpractice lawsuit.

Get in touch with an experienced medical malpractice lawyer at Lane & Lane, LLC by phone at 312-332-1400 or through the convenient contact form below to schedule your free, no-obligation consultation.

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