Any patient who is injured either because of substandard care or neglect by a medical professional may have grounds to file a medical malpractice case. These types of cases are incredibly challenging because they require proof of intent to be considered medical malpractice.
Simply being hurt in the course of medical treatment is not always considered a cause. It can be complicated when you are trying to decide how to move forward. An experienced medical malpractice attorney can help lead the way through the legal process.
At Brown & Gessell, we specialize in representing injured parties in medical malpractice lawsuits. This article further explains the elements required for a medical malpractice case and how our experienced attorneys can help you recover compensation for your losses.
Understanding Medical Malpractice Cases
It is important to understand that a medical malpractice case requires more than a medical mistake made by a medical professional or medical provider. While many patients may have an experience involving medical mistakes, medical malpractice claims require the existence of a negligent act that may impact the patient’s chances of recovery and cause injury.
Negligence in these cases means your healthcare provider failed to act in a way another reasonable provider would have. The court must first consider what the standard of care is that medical professionals would be held to, such as procedures, methods, and actions in treating someone with the same injuries or medical needs. Considering the complexities involved, it is always best to discuss your case with a medical malpractice lawyer to find out if it is possible to prove medical malpractice.
Common Ways a Medical Professional Can Be Negligent in the Standard of Care
To make a medical malpractice claim, a patient must look at the standard of care provided by the doctor. Common errors seen in medical malpractice lawsuits tend to include missed or delayed diagnosis, lack of informed consent, birth injuries, misread X-rays or ultrasounds, medication errors, cerebral palsy, spinal cord injuries, and surgical errors.
How to Know If You Have a Medical Malpractice Case
If you are wondering whether or not you have grounds to file a medical malpractice lawsuit or if what happened is considered medical malpractice, it is wise to discuss your situation with an attorney. These scenarios are often what medical malpractice attorneys and the insurance company see when medical malpractice occurs.
Treatments Prescribed Are Not Helping
Doctors are responsible for prescribing treatments. If those treatments aren’t working, it could mean a misdiagnosis in your medical care. This can put you at greater risk of becoming ill or suffering additional injuries.
Patients are always the victim in these situations. You may be getting treatment, but if it is the wrong treatment, then your healthcare provider is not providing the right standard of care. During this time, your illness may worsen and your health may further deteriorate. Many patients who are prescribed medications to treat a misdiagnosed illness can develop dangerous side effects from these drugs they did not need.
Lack of Follow-Up for Your Health Concerns
When a medical provider doesn’t address your concerns or answer your questions, it may also be considered medical negligence. Your doctor should provide you with proper information and follow up with you. If you are rushed in and out of the office, you are not being given the right level of medical attention or provided with treatment options that help you make informed decisions about your health.
Surgical Errors
Any surgery comes with risks. However, when a doctor performs the wrong surgery, operates on the wrong area, or performs surgery on the wrong patient, it is grounds for a medical malpractice lawsuit. Complications can arise from infections when surgical tools are not properly sterilized or when an object is left inside the body. These glaring errors all point to patient neglect, and those at fault should be held responsible for their actions.
Mistreatment That Results in Death
Mistreatment of a patient that leads to their untimely passing can occur in many ways. If someone you love was provided the wrong medication, received the wrong type of surgery, or their needs were completely ignored and they passed away, you may be able to file a medical malpractice case on their behalf.
The Doctor or Other Medical Professionals Admit Fault
If a doctor fails to uphold the standard of care, they may admit it, which would be grounds for a medical malpractice case. However, because it is hard to prove what they said without witnesses, you should make sure you discuss this situation with your lawyer before filing a medical malpractice suit.
Mistakes Involving Anesthesia
Medical malpractice can involve anesthesia mistakes. This may arise when the IV flow rate is not properly controlled, when documentation errors are made, when there are problems with dosing, or the administration of anesthetics is unintentional. These situations often occur when medical professionals fail to review your medical history or fail to monitor vital signs.
Lack of Informed Consent
All surgeries and medical procedures come with the possibility of risks and complications for your health condition. A doctor or health care professional must explain the benefits and risks to you before administering any treatments or surgeries. It is part of the doctor’s job to tell you what could potentially happen after your treatment. When you are not explained all of the risks and agree to this treatment or the doctor performs a procedure you did not agree to and you experience harm, you have a valid medical malpractice claim.
Your Treatment Plan and Health Condition Do Not Align
Medical error arises from expensive treatments that a patient does not need. Invasive tests and surgeries should be reserved as a last resort. If you think the doctor performed an unnecessary treatment, it is best to get a second opinion.
Understaffed Medical Facility
One of the common types of medical malpractice seen today is with understaffed facilities. When there are not enough medical providers to take care of patients, they cannot always provide adequate medical treatment. If this neglect has caused further damage to your health, you can fight to recover compensation.
You Experience New Symptoms
New symptoms after receiving treatment may not be easy to prove in medical malpractice cases. These additional symptoms must be a result of improper treatment or negligence. For example, you would not be able to claim you are in mild pain in the area of the surgical site as a new symptom as it is a very common result of surgery. However, if you start experiencing numbness in your legs and this was not a previous symptom or a risk for your medical procedure, you may have a case.
How Do You Prove a Medical Malpractice Case?
To prove a doctor caused your injuries when they should have been caring for your health, you must show that they did not meet the standard of care. They did not do what another healthcare provider with similar experience and training would have done. This may have resulted in injury, which shows you suffered harm in these events.
You must gather appropriate evidence and relevant documents to help you seek justice. You should have your medical bills, medical records, and treatment history as part of this evidence to demonstrate the doctor-patient relationship. Any lab results, X-rays, MRIs, CT scans, and other tests from the health care providers that treated you should also be presented. An attorney can help by bringing in a medical expert to testify about your injuries as well.
In malpractice cases, the doctor or provider who treated you or the facility you underwent treatment at must have owed you a duty of care to pursue claims of negligence. This means you must show you were under the doctor’s care or a patient at the facility.
You must also show that the person or facility in question was derelict in their duty and did not live up to the standard of care. Receiving maximum compensation for medical malpractice requires that you must have suffered damages, such as injuries as a result of this substandard care. These injuries must also be directly caused by the actions of this provider or facility.
California’s Statute of Limitations for Medical Malpractice
In California, you must not waste time when filing a malpractice suit. You will have three years from the date of your injury or one year after the discovery or detection of injury from your treatments.
Medical malpractice is the third leading cause of death in the country and often results in permanent injury to victims. A medical malpractice attorney with Brown & Gessell can help you recover your medical expenses, lost wages, and other damages from these injuries.