You expect quality care from healthcare professionals and doctors. Their job is to help you recover and feel better. But what happens when a healthcare provider doesn’t follow the standard quality of care expected or makes a mistake in your diagnosis, medication amount, treatment, or care?
There is an option for you if you’ve received substandard medical care or have suffered an injury or permanent damage at the hands of a healthcare provider or medical doctor. You may be eligible to file a medical malpractice suit. Here, we’ll answer common questions we hear as malpractice attorneys.
Do I Have a Case for Medical Malpractice?
If you have suffered an injury that has permanent effects, you may have a case for medical malpractice. Injuries may include but aren’t limited to, brain injuries, spinal cord injuries, paralysis, burns, amputations, fractures, and organ damage.
In order to be considered medical malpractice, your case must show a violation of the standard of care, the injury was caused by the negligence of the healthcare provider, and the injury resulted in significant and long-term damage (Source). What do these requirements mean?
A violation of the standard of care: Healthcare professionals are required by law to adhere to certain standards and provide acceptable medical treatment. A violation happens when the healthcare provider does not provide care according to these standards or doesn’t provide the proper medical treatment.
A patient suffered an injury due to negligence: Violation of the standard of care is not enough to file a malpractice suit. The patient and malpractice attorney must also prove that the injury was due to the negligence of the healthcare or medical care provider. Another way to say this is that the injury would not have occurred without their negligence.
The injury had damaging consequences: Small, slight, or short-term injuries won’t qualify for medical practice cases. To be a viable medical malpractice case, the patient must have suffered considerable damage or disability. This also includes injuries that result in significant loss of wages, pain, suffering, hardship and significant medical bills.
Is Medical Malpractice Difficult to Prove?
Medical malpractice can be difficult to prove without experienced malpractice attorneys. Proving medical malpractice requires the three points listed above and often requires bringing in medical experts, deposing all those involved, and requiring clear documentation of all injuries and damages. If you have suffered an injury from a medical provider or doctor, it’s crucial that you contact a malpractice attorney as soon as possible. An experienced attorney will work closely with reputable medical experts and will understand the legal requirements for proving medical malpractice.
Medical malpractice can result from a variety of negligent activities by medical professionals. They can include:
- Ignoring lab results
- Medically unnecessary surgery
- Surgery errors or operating on the wrong part of the patient
- Medication dosage errors
- Improper follow-ups or aftercare
- Failure to order testing or recognize symptoms
If you or a loved one has suffered an injury or significant damage from the negligence of a healthcare provider, contact our malpractice attorneys today. We’ll review your case with you and get you the compensation you need to move on with your life.