Determining Fault In An Accident

How To Know If You Have A Worthwhile Medical Malpractice Case

In most cases, when someone visits their doctor or the emergency room, they do not expect to be harmed further by their treatment, or by the lack of it. However, all too often patients are the victims of medical negligence, leading to worsening symptoms or death. If you are wondering whether you or loved one is a victim of medical malpractice, learn more about how to know if you are or not.

Your Standard Of Care Matters

Even though you may feel your treatment of a particular medical issue feels wrong and you know without a doubt you are not getting better, but worse, you may not have a medical malpractice case. The reason for this is due to the standard of care most medical professionals generally follow during the diagnosis and treatment of common ailments. For example, if your doctor provided treatment to you normally given to someone a lot older or younger than you for a similar issue, you may have a malpractice case. However, if your doctor followed procedure and provided you with a typical standard of care treatment for someone your age, you do not have case at that point. Proving your treatment was out of the guidelines of standard care is pertinent to you having the basis of a medical malpractice lawsuit.

Proof Of Your Harm Or Injury Due To Malpractice

You may know something does not feel right with your body or with a diagnosis of an issue affecting it. However, proving it was caused by your doctor is important if you want to file a medical malpractice lawsuit. For example, if your doctor prescribed you a medication that was not meant for your condition but for something else, and you suffered serious, life altering side effects, you could sue that doctor for malpractice. However, if you are prescribed a medication and you suffer common side effects, you may not be able to sue, because many medications for your condition may carry side effects. If you are diagnosed with a condition you do not have and are given medication for the wrong diagnosis, and you suffer long term effects, you may also be able to sue for medical malpractice.

Witnesses To Your Case Of Malpractice

If you know without a doubt you are the victim of medical malpractice, having someone to back you up on it is advised. If you feel you were treated or diagnosed in a negligent manner while staying in the hospital, you may have a family member or friend that saw this take place and can act as a witness. The same can be true of other medical professionals caring for you at that time as well. For example, if your physician ordered a medication for your IV and your attending nurse discovered it was wrong, he or she could be a witness to that. Bear in mind you will need to have suffered harm or injury from the wrong medication in order to take that type of negligence to court.

Nothing feels worse than seeking help from a medical professional and being treated in a negligent manner. If you feel you have a medical malpractice lawsuit on your hands, contacting experienced malpractice lawyers is important. Be sure to discuss your case with a lawyer as soon as you realize it may be malpractice, because the more time that passes, the less of a case you have to present.