What to do when you want to sue your doctor. Part II. Legal action for compensation.

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What to do when you want to sue your doctor. Part II. Legal action for compensation.
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What to do when you want to sue your doctor. Legal action for compensation.

If you think you have suffered quantifiable damages such and entitled for monetary compensation, you will have to take legal action against your doctor. You will, most likely, need to ask for legal advice.

In a nutshell, in order to succeed in legal action against a doctor, patient needs to prove:

  • doctor owed a duty of care.
  • doctor breached that duty
  • there were quantifiable damages due to that breach of duty

Example: Patient sees a doctor for “coughing a bit of blood”. Doctor examines the patient and instead of ordering an X-ray sends him home saying: “It is all OK, just have some rest”. 3 months later patient is diagnosed with advanced lung cancer. Patient requires expensive treatment and personal carer to look after him now.

In this case, doctor owed a duty to act at the expected level of expertise (sending patient who coughs blood for X-ray). He breached that duty of care by not ordering an X-ray. Patient suffered quantifiable damages in a form of expensive treatment and personal care. The action is likely to succeed.

Back to part one. or What to do when you want to sue your doctor. Medical fees, breach of contract.

 

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