Medical malpractice cases are becoming more and more common as people learn about their rights in scenarios where their health care practitioner was negligent. If you have experienced complications after a surgery or another medical-related issue and you think it was your doctor’s fault, it’s important to get the help you need right away. Unfortunately it can be difficult to know when you may need a medical malpractice lawyer.
Below you’ll find out what to do if you find yourself in this situation and think you need legal help.
Do You Have a Medical Malpractice Case?
If your doctor has made a mistake during your treatment or diagnosis, does that mean you definitely have a medical malpractice case?
Sometimes, but not always. Surgical errors in the operating room, incorrect diagnoses, and other mistakes occur with some frequency, but there are many factors that go into a medical malpractice determination.
First, the health care provider must have provided care that fell below medical standards. Second, the practitioner’s negligence must have caused your injuries. Finally, the harm must be quantifiable–in other words, you must be able to put a dollar value on it.
Example of Negligence in Hospital Setting
In order to prove negligence, you’ll have to establish that the appropriate standard of care should apply to your case and show how the care provider fell short of meeting it.
The medical standard of care is the level of skill and attention that another health care professional in the same community and with the same level of training would have provided their patient.
You and your Medical Malpractice Lawyer will have to show how the standard of care was not met by the health care provider. Just because you experienced complications does not mean the doctor was negligent, as they may have provided the medical standard of care but an error still occurred due to a highly complicated procedure.
In order to prove negligence, your lawyer and expert witnesses (usually other doctors) will need to link the mistake and the level of harm it caused you, showing that if not for the mistake, you would not have experienced the health issue at hand. Some examples include:
• An error that caused unexpected complications
• An error that caused new health problems that now require treatment
• A diagnostic error that prevented important treatment from occurring in a timely manner, which has led to new health issues
If you were unharmed by the doctor’s mistake, you cannot file a medical malpractice lawsuit.
Malpractice Lawyers
Surgery malpractice lawyers and other medical malpractice lawyers are essential to a successful medical malpractice case. These cases are extremely complex and difficult to prove, so working with a lawyer with experience is very important. Consultations are usually free and can help give you a stronger sense of whether you have a case and how much compensation you may be entitled to.
If you’ve experienced a misdiagnosis, complications from surgery or other medical issues, and you think they may be a result of medical malpractice, download our personal injury recovery kit to learn more or contact us for a consultation.