sowell chakour

How Do You Know If You Have A Case For Medical Malpractice?

May 16, 2022

If you have been the victim of medical malpractice, it’s likely you’re wondering how you can get your fair share of compensation. Not only has this type of negligence hurt you, but it has also hurt your family and your friends. 

If you have suffered from medical malpractice due to negligence, you may have a case, even if you aren’t sure as to whether or not you have grounds. So today, we’re providing you with everything you need to know when trying to decide if you have a case for medical malpractice.

Be sure to get in touch with the Doctor Lawyer Firm for expert legal advice on medical negligence cases. As a medical malpractice law firm , we specialize in all forms of medical negligence and can tell you whether you have a case. In the meantime, be sure to keep reading to learn what qualifies as medical malpractice to get a better understanding of where you stand on the matter.

If you have been the victim of medical malpractice, it’s likely you’re wondering how you can get your fair share of compensation. Not only has this type of negligence hurt you, but it has also hurt your family and your friends. 

If you have suffered from medical malpractice due to negligence, you may have a case, even if you aren’t sure as to whether or not you have grounds. Here’s everything you need to know when trying to decide if you have a case for medical malpractice.

What Is Medical Malpractice?

Medical malpractice is a serious issue, one that many people don’t take very seriously. When you undergo a medical procedure, you act on faith and trust that the provider knows what they are doing and will do everything in their power to help you recover. 

But when a medical professional doesn’t meet these standards, it can cause severe harm to patients. Medical malpractice includes any time an individual is harmed due to negligence, recklessness, or carelessness of the doctor. 

This can range from performing surgery without providing proper anesthesia to leaving an instrument inside someone after surgery. There are also cases where doctors fail to diagnose or admit someone who has been injured due to medical malpractice.

Types of Medical Negligence

There are many different types of medical negligence, and they can vary depending on the type of medical treatment you have received. For example, if you have been in an accident and go to the hospital, you might expect that the doctors will do their best to make sure your injuries are healed. 

However, if there are complications and your injuries don’t heal as anticipated, then it may be considered medical malpractice. This is just one example of how a doctor might be negligent. Other forms include:

1. Medication errors
2. Misdiagnosis
3. Failure to diagnose
4. Unnecessary surgery
5. Failure to provide necessary treatment
6. Wrong patient surgery

These are just a few examples of potential medical malpractice cases. It’s important that you meet with a medical malpractice law firm to discuss your unique situation.

Signs of Medical Malpractice

There are some signs that you have a case for medical malpractice. These include:

1. Injuries sustained as a result of your doctor’s incompetence
2. Failure to diagnose or treat health conditions
3. Providing incorrect or inadequate treatment instructions
4. Invasive procedures that cause unnecessary harm
5. Prescribing medication or treatments with no scientific basis
6. Providing inaccurate information about diagnosis and procedures
7. Failure to obtain informed consent for surgery

Let’s take a look at three points that set a precedent for possible medical negligence.

1. Lack of Informed Consent

Informed consent is a vital part of the medical process, but it can be difficult to notice if it’s not being followed. For example, when a doctor asks if you want to have surgery, they need to tell you what it will entail and what the risks are before you agree. If they don’t, then this could be grounds for medical malpractice.

2. Extraordinary Consequences

There’s no set standard for what constitutes a case of medical malpractice. The litmus test is if the injury sustained was extraordinary in nature. If the injury had an unimaginable consequence, then it may be grounds for a lawsuit. 

For example, if you experience paralysis due to medical negligence and end up losing your job, this would qualify. If the injury was more routine in nature, like a pulled muscle, then there may not be grounds for a lawsuit.

3. A Healthcare Provider Informs You of the Mistake

One of the steps involved in deciding whether or not you have grounds for medical malpractice is to find out if your healthcare provider has informed you of the mistake. 

According to the Patient Safety Act, healthcare providers are obligated to inform patients of any mistakes they may have made that would have a negative impact on their health. If they don’t, you may be able to file a case against them.

Conclusion

Medical malpractice is a serious accusation to make and requires a certain set of circumstances in order to prove it. If you feel like you have been the victim of medical negligence, it is important to know what constitutes negligence and the signs to look for. 

Moreover, medical malpractice occurs when a medical practitioner fails to provide an adequate standard of care in terms of what they should have known and done in a particular circumstance. 

When a doctor or other healthcare provider is negligent, they may be doing something that is below the standard of care or may be failing to do something that they should have done. 

In order for a claim of malpractice to be successful, it must be proven that negligence occurred and that the negligence caused harm to the patient. The harm caused by the negligence must be extraordinary, meaning that it could not have been anticipated by a reasonable person. 

If you think you may be the victim of medical malpractice, it is important that you seek legal counsel from an experienced medical malpractice law firm as soon as possible.

Contact the Doctor Lawyer Firm Today

The Doctor Lawyer Firm is your trusted medical malpractice law firm. We invite you to contact us right away if you believe you are a victim of medical negligence. Please call 1-833-MedMals or complete our contact form to get started.

RECENT POSTS

Erb's Palsy medical malpractice
17 Apr, 2024
Gain insights into Erb's Palsy medical malpractice with our comprehensive website. Understand the causes, symptoms, and legal aspects.
 medical malpractice that can occur during pregnancy
10 Apr, 2024
Learn about the various forms of medical malpractice that can occur during pregnancy and how to protect yourself and your baby from harm. Get informed and empowered with this comprehensive guide.
Florida malpractice law firms
01 Apr, 2024
There are plenty of Florida malpractice law firms all promising positive results. However, not every attorney can offer the same level of service.
Misdiagnosis of ectopic pregnancy
25 Mar, 2024
Misdiagnosis of ectopic pregnancy is a very common reason to file a medical malpractice claim.
Florida medical malpractice rules
18 Mar, 2024
Florida medical malpractice rules can be complex, but you should still learn the basics if you’re thinking about filing a claim.

CONTACT US

Share by: