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When you visit a healthcare provider for anything, including tests, surgery, or just to get a diagnosis, you’re trusting them to provide you with competent care. Unfortunately, medical errors happen, and they often lead to serious consequences – sometimes even death. It’s estimated that every year in the United States, more than 250,000 deaths are caused by medical mistakes. However, not every bad outcome is malpractice.
So, how can you tell when a doctor’s mistake crosses that legal line? Here’s a breakdown of the key signs that your injury may have been caused by medical negligence, along with what to do next.
Understand the four elements of malpractice
Medical malpractice claims must prove the following four elements:
- Duty of care. You must prove that you had a professional relationship with the healthcare provider in question.
- Breach of duty. You must prove the provider failed to meet the standard of care expected in their profession.
- Causation. You must prove that the provider’s breach directly caused your injury.
- Damages. You must prove that you have suffered significant harm as a result of your injury.
These four elements are required for a medical malpractice case. However, they aren’t necessarily easy to understand at face value. Like everything related to the law, definitions are specific and complex, which brings up the next point: the importance of an attorney.
Consult with a medical malpractice attorney
Even when you know the elements required for a malpractice case, and it seems like your situation fits, it’s crucial to discuss your case with a medical malpractice attorney. There are plenty of nuances in the law, and not everything can be easily discerned from a layman’s perspective. If you think your injury was caused by malpractice, get a consultation as soon as possible to find out if you have a case.
Medical malpractice can include surgery errors, medication errors, birth injuries, and even a misdiagnosis or failure to diagnose. Whether or not you have a case will depend on the specifics of your situation, so don’t hesitate to contact an attorney to find out.
Did you lack informed consent?
If your doctor didn’t provide you with all the information about the risks of a particular treatment or procedure, and you suffered harm as a result, that might be considered malpractice. You have the legal right to know about all the risks associated with treatments, surgeries, and medications suggested by your healthcare provider. And your provider has a legal responsibility to go over those risks with you.
Were you misdiagnosed?
A misdiagnosis or delayed diagnosis can lead to incorrect or delayed treatment, which can worsen your condition. If you can prove that a competent physician would have correctly diagnosed your condition, then you could have a malpractice claim. It might be harder if your injury or illness requires a more specialized approach, but you should still talk to an attorney to find out.
Did you suffer harm from medication?
Some medical malpractice claims are formed from being given the wrong medication or incorrect dose, failure to consider harmful interactions with current medications, and prescribing medication when it’s contraindicated.
Did your doctor leave you hanging?
Sometimes medical malpractice stems from a doctor not following up with a patient for aftercare treatment. For example, not asking a surgery patient to come in for a checkup after a certain period of time, or not answering a patient’s calls when they have a complication. If these situations cause harm, they may be considered malpractice.
Were your test results misinterpreted?
When a healthcare provider fails to interpret test results properly, and it results in harm, it could be considered malpractice. If you received a second opinion from another healthcare provider who says it’s obvious what the problem is, but your first provider didn’t catch it, you could have a malpractice claim.
Did you suffer a surgical error?
Surgical errors are common forms of malpractice. Examples include operating on the wrong body part, leaving surgical instruments inside the body, or performing surgery that wasn’t even necessary.
Was the hospital negligent?
For example, say you slip and fall in the bathroom while you’re in the hospital. If you were allowed to get up to use the bathroom on your own, but you were clearly not physically capable, and the hospital staff didn’t strap you down or put an alarm on you, that could be malpractice.
Don’t hesitate to pursue a malpractice claim
Recognizing the signs of medical malpractice is the first step toward seeking justice. Talk to a lawyer to find out if you have a valid claim, and if you do, don’t hesitate to pursue it legally.
