If you're hurt because of a doctor's negligence, then the doctor didn't meet his or her duty of care requirements. If negligence or errors resulted in your injury, you may be able to file a medical malpractice claim and receive compensation for the suffering you've been put through.
What is duty of care?
In the medical community, a duty of care requirement simply means that a physician treating a patient will perform his duties competently. Once a doctor begins a doctor-patient relationship with you, that doctor is responsible for any errors that are made including negligent acts and medical mistakes.
How can you prove that a doctor did not perform up to standard?
The main thing to look at is what another doctor with similar skills, training or certificates would have done in the same situation with you as a patient. When you seek a lawsuit against the doctor who has made a mistake, the testimony of an expert is important. The expert medical provider can describe why your doctor made a mistake and describe what he or she should have done differently.
Is the doctor the only person responsible for your injuries?
Under vicarious liability laws, the doctor may not be the only entity you can sue. For example, if a hospital had hired this doctor to work in the emergency room and he or she makes a mistake, the hospital may be liable for any injuries you've suffered.
Living with injuries is difficult, and it can seem worse when it's a medical provider who causes them. Fortunately, you do have options and may be entitled to compensation to help support you as you recover. Our website has more information.