Should I File a Lawsuit for Medical Malpractice?
You walk into the doctor’s office expecting to feel better when you leave, but what happens if you don’t? If this is the case, you could be a victim of medical malpractice.
The current medical malpractice law comes from 19th century English common law. Understanding the law can help you decide if you should file a lawsuit for medical malpractice.
This guide explains how you may have grounds to file a lawsuit against your healthcare provider.
Incorrect Diagnosis
You should file a lawsuit for medical malpractice if you were wrongfully diagnosed and suffered severe consequences.
An example of this would be a health professional diagnosing their patient with something less serious when they have lung cancer. Because of this diagnosis, the patient won’t get the proper medical care that they need.
If another doctor in the same position made the correct diagnosis and provided the patient with proper care, the patient has grounds for a medical malpractice claim.
Improper Treatment
You should seek legal help from the best law firm if a doctor performs treatment on you that no other doctor would provide with reason. Getting help from the best medical negligence solicitors is key for your claim to be successful. The same goes if the medical practitioner identifies the correct treatment but does not administer it properly.
If the doctor treats a condition improperly during any point of medical care, the act is considered medical malpractice due to negligence.
Not Warning a Patient About Risks
A medical professional is required to tell their patient of any known risks for a treatment or procedure. If treatment results in harm without the patient knowing the risks, they have a basis for a claim.
If a patient would have refused treatment or a procedure had they known the risks, the doctor is at fault if harm occurs.
Requirements to File a Medical Malpractice Claim
There are different requirements one must go through before being able to file a medical malpractice claim in their state. You must show the doctor-patient relationship and prove negligence resulting in injury.
Doctor-Patient Relationship
Before filing a lawsuit, you must prove you and your doctor had a professional relationship. You can show this with appointments and medical care receipts. This requirement is easier to meet with medical bills and invoices.
The law states that a caregiver must operate with reasonable skill and care. This does not mean they’re held to a standard of perfection. With expert testimony, you can prove that your doctor acted negligently.
Negligence Resulting in Injury
Along with proving your doctor acted negligently, you need to show that the negligence caused you harm. If your injury or condition existed before the malpractice, the case is harder to handle.
You’ll need professional legal advice to carry on. Never take a lawsuit settlement before speaking to an attorney. A medical malpractice loan can help you with lawsuit funding.
File a Lawsuit With Legal Help
If you fall into any of the three categories above, you may have grounds to file a lawsuit for medical malpractice. Because there are so many regulations and complexities revolving around these claims, it is essential to get legal help.
You can hire a medical malpractice lawyer now to review your case and help you get the compensation you deserve. For more legal advice, check out our other informative blog posts.
