If a doctor's negligence caused a disability that resulted in damages to you, including pain, medical expenses, or lost wages or earning capacity, you may have cause to sue the doctor for medical malpractice, according to Nolo. For your suit to be successful, you must prove that a doctor-patient relationship existed between you, that the doctor failed to perform to a standard level of competence, and that it was the doctor's incompetence that caused your injury, states Nolo.
A doctor can engage in medical malpractice by failing to diagnose an injury or illness, by giving the wrong treatment, or by neglecting to warn the patient of the risks of a prescribed treatment or surgical procedure, Nolo explains. A case of malpractice against a doctor for negligence resulting in disability includes special requirements, such as a limited statute of limitations and availability of experts willing to testify on your behalf, according to the National Center for Biotechnology Information.
While medical malpractice is responsible for a high percentage of deaths in the United States, only a fraction of those cases are taken to court, and of those an even smaller number result in monetary damages being paid to the injured party, Forbes notes.