Do you think you have a case for medical malpractice? It happens more often than you think.
According to this survey, 55% of physicians were named in a lawsuit in 2017. While 13% of people were named alone, the remaining 48% were involved in suits along with other parties.
Before you start suing for malpractice, however, it’s important to make sure you have a case.
Keep reading to discover the eight sizes you were a victim of medical negligence. After reading this list, you can move forward with your case.
Here are the eight signs you have a case for medical malpractice.
1. Disease Undiagnosed
When a doctor fails to diagnose your health concern, it means you’re left without the care you need.
A doctor might miss the early signs that you’re experiencing a specific condition. They could even dismiss your symptoms, which would lead to complications down the road. Without a proper diagnosis, your condition could become fatal.
Imagine going in for a doctor’s appointment and the doctor telling you nothing is wrong.
If you’re still experiencing symptoms, you might decide to get a second opinion. What if you’re diagnosed with cancer or another disease the first doctor could have caught earlier?
When a doctor fails to diagnose the problem, you’re losing essential time needed to treat the disease early on. A delayed diagnosis could even make it more difficult for you to get the care you need in the future.
A misdiagnosis is just as dangerous as a failed diagnosis.
Some diseases have very similar symptoms. Attributing one set of symptoms to the wrong disease, however, could cause a doctor to prescribe the wrong treatment. Taking the wrong medications or following the wrong treatment plan could cause more harm than good.
This might even cause your condition to deteriorate at a faster rate.
You might also experience side effects caused by medications you weren’t meant to take in the first place.
If you were misdiagnosed, you could have a case. Make a note of the misdiagnosis and all your appointments if you’re suing for malpractice. That way, you can take all the proper documentation to these medical malpractice lawyers, who can help.
3. No Informed Consent
Many treatments, surgeries, and medical procedures come with their own set of risks. Before a doctor can administer that treatment, they’re supposed to inform you of these risks.
That way, you can make an informed decision.
After all, it’s your body and health you’re putting at risk. The decision to get the treatment or undergo a procedure is your choice.
Once you agree, the doctor will need your signed consent.
If a doctor doesn’t get your consent before administering the treatment, you could have a case for suing for malpractice. Make a note if you experience any complications after the treatment that you weren’t aware of. Would you have denied the treatment if you knew about those risks beforehand?
This could indicate there was a lack of informed consent.
4. Death After a Procedure
Maybe you’re not the one getting the treatment. What if a family member or loved one dies during or after a medical procedure?
Death is a common risk, especially if your family member is undergoing complicated surgery. If they were in a stable condition while at the hospital, but died afterward, they might have been a victim of negligence.
Other signs of medical negligence include:
- Your loved one was neglected by hospital staff and suffered
- Your loved one was administered the wrong treatment
- Your loved one underwent the wrong surgery
- Your loved one was given too many medications
If you noticed any of these signs of medical malpractice, contact an attorney.
5. Wrong Medication
Every year, 7,000 to 9,000 people in the U.S. die as a result of medication error. The wrong dosage or prescription can prove fatal to the human body.
Different medications could even interact with one another and cause health problems.
If a doctor prescribes the wrong medication, or too much, you could experience medical complications, an overdose, or death.
Your doctor is responsible for making sure they’re prescribing the right drug. Your prescription should:
- Treat the condition you’re currently experiencing
- Not interact with any other medications you’re taking
- Not harm you based on allergies and your medical history
If you’re suing for malpractice, make a note of the medications your doctor prescribed.
6. Treatment Isn’t Working
If your treatment isn’t working as expected, there is a chance you were misdiagnosed.
That would mean your real medical condition is progressing without the treatment you need. This would cause you to experience more progressive issues and symptoms.
In other cases, the treatment might not fit the condition you’re experiencing. Many times, medical malpractice lawsuits happen because the doctor prescribed the wrong treatment. A more intensive treatment than the one you need could put you at unnecessary risk.
If you feel your doctor performed a treatment that doesn’t fit your condition, consider suing for medical malpractice.
7. Lacked Testing
It’s your doctor’s job to complete the necessary lab tests before making a diagnosis. These can include blood tests, taking urine samples, or using imaging scans.
Did your doctor fail to complete a thorough exam before diagnosing you? They might have also relied on basic diagnostic tests instead of getting more information. In either case, you could have a case for medical malpractice.
8. Your Doctor Admits the Mistake
If your doctor admits they caused you harm, consider it a clear sign of medical negligence.
Many doctors, however, won’t admit they were at fault. That’s why it’s important to consider the signs listed above before you sue for medical malpractice.
Suing for Malpractice: 8 Signs You’re a Victim of Negligence
We all want to trust our doctors to take care of us and provide the best possible care. Unfortunately, life doesn’t always work out that way. If you plan on suing for malpractice, take note of these eight signs.
That way, you can make sure you have a case before you get started with your malpractice suit.
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