Each year, over 250, 000 people in the United States lose their lives as a result of medical errors. That makes medical malpractice the third-leading cause of death in the country, behind heart disease and cancer.
These statistics are heartbreaking, given that your doctor is probably the person you trust the most with your physical and mental wellbeing. If you have reason to believe that a medical professional’s actions or negligence are to blame for any sort of harm you have suffered, you may have a medical malpractice case.
The vast majority of people who suffer from hospital malpractice never file a claim for compensation. That’s mostly because not many Americans can tell for sure whether their failing health, injury, or pain and suffering are the result of a medical mistake.
In today’s post, we tell you all you need to know about medical practice and how to know if you should file a medical practice claim. Read on to learn more.
What Is Medical Malpractice?
Medical malpractice happens when a professional health care provider or professional neglects to give appropriate treatment or provides substandard treatment to a patient, causing injury, harm, or death to the patient.
Medical malpractice law in the United States enables patients who have suffered from medical malpractice to recover compensation.
How to Know If You Have a Medical Malpractice Case
With hospital malpractice incidents being so rampant, it’s critical that patients know how to spot signs that they’ve suffered the same at the hands of their doctors. This way, they can take appropriate legal action to recover compensation. Here are seven top ways to tell whether you may have cause to file a medical malpractice claim.
1. The Medical Practitioner Failed to Diagnose an Illness
Many instances of medical malpractice occur when an illness goes undiagnosed. A doctor misses or dismisses the early signs of a disease, leading to complications or wrongful death.
Failure to diagnose a disease is especially devastating where aggressive diseases such as cancer are involved. With timely diagnosis, treatment has proven effective in the past. Delayed diagnosis makes treatment so much more difficult, leading to untold pain and suffering.
2. You Were Misdiagnosed
Misdiagnosis is just as common and potentially dangerous as delayed diagnosis.
Misdiagnosis occurs when a medical practitioner attributes your symptoms to the wrong illness. The doctor then administers treatments and medications that do not make your condition better. On many occasions, these medications cause your condition to worsen faster.
If you have reason to believe that you were misdiagnosed initially and that you have developed health complications as a result, you may consider filing a medical malpractice lawsuit.
3. The Doctor Gave You Incorrect Medication or Dosage
Some medical complications that patients experience are the result of wrongful prescription or incorrect dosage. When a doctor prescribes an improper medication for your condition or prescribes a drug that could interact with your current medications, it could cause an overdose, severe health complications, or worse.
Medical practitioners have a responsibility to double-check any drugs they are giving to ensure the medication will help their patient’s condition. Above all, they need to make sure that the medication will not harm the patient in the dosage they have prescribed. This involves carefully checking a patient’s list of medications and medical history.
4. There Wasn’t Informed Consent
There are treatments and medical procedures that come with certain risks of potential complications. Before a doctor administers such a treatment, they must explain to you both the benefits you can expect from the procedure and what risks come with it. Once you have this information, you can decide whether or not you want to proceed with the treatment.
If you’ve suffered from complications from a medical procedure for which the doctor didn’t sufficiently inform you of the risk, then there wasn’t informed consent from you.
5. The Medical Practitioner Admits They Made a Mistake
There’s hardly a clearer sign of medical malpractice than your doctor admitting fault. Has your doctor admitted that they misdiagnosed you and administered the wrong treatment that caused you harm? Some doctors do, despite the fact that their admission and apology may still be turned against them when the patient is presenting evidence of malpractice.
After your physician admits wrongdoing and expresses remorse, you can decide your next course of action.
Should You Contact an Attorney?
If you suspect that you have been a victim of medical malpractice, it’s a wise move to consult a medical malpractice attorney. A medical malpractice litigation process can be an overwhelming one. Having a competent attorney on your side can help make things much easier for you.
When hiring an attorney, look at the following qualities:
Considerable Medical Malpractice Experience
A dependable medical malpractice lawyer will usually have been practicing in the medical malpractice field for years. Find an attorney with prior experience in the same area as your case. Find out about your potential attorney’s track record in prosecuting similar cases.
Ability to Deliver Medical Experts
Medical malpractice suits usually require medical experts to testify on behalf of the patient. A medical malpractice attorney worth their salt will have no trouble getting a qualified medical expert to help your case. Before hiring a lawyer, ask them who they plan to call to provide expert evidence in your malpractice case.
Readiness to Settle
Most medical malpractice claims are settled out of court. The benefit of doing so is that you receive compensation relatively fast and move on with your life. Medical malpractice lawsuits can take years, and it’s likely you don’t want to wait that long.
That said, it’s important that your attorney doesn’t insist on settling at all costs. The best attorney will put your best interests ahead of everything. If, after they’ve done their best to secure a fair settlement to no avail, they’ll have no problem bring your case before a judge.
Always Know When You Have a Medical Malpractice Case
Medical malpractice can cause severe injuries, pain, and even death. If you have reason that you or a loved one has suffered harm as a result of a medical professional’s actions or negligence, don’t hesitate to take legal action. With the help of a seasoned attorney, you can successfully file a medical malpractice case and receive the compensation you deserve.
Were you the victim of a medical malpractice? Please contact us for legal assistance today.
Posted in: Medical Malpractice