We visit our health care professionals because something is wrong and we entrust our care to them so they can help us heal and feel better. However, each year, thousands of patients are injured by mistakes made by physicians, hospitals, podiatrists and other health care professionals. Medical negligence can occur in many ways including:
- A failure to diagnose an illness or condition
- A mis-diagnosis
- A delay in diagnosing an illness or condition
- Failure to do proper testing
- Failure in recognizing symptoms
- An improperly performed surgery
- An unnecessary surgery
- Leaving surgical equipment inside the patient
- Operating on the wrong surgery site
- Improper or inappropriate treatment, including improper medication and dosage
- A failure to properly advise a patient of the risks of a procedure
- Misreading or ignoring laboratory results
- Inadequate follow-up
- Premature release from the hospital
- Failure to gather patient health and medical history records
Over the years, medical malpractice claims have seen an increase in occurrence, costing doctors, hospitals, the patient, the patient’s family and the courts many hours and money.
Not every malpractice claim has the validity to be pursued. If you think you have a medical malpractice case, you must be able to prove all three of the following:
There was a Violation of the Standard of Care. For every medical procedure and treatment there are a set of accepted standardized procedures medical professionals are to follow. These standards of care illustrate proper, reasonable medical treatment that is done under similar circumstances. You must prove that the medical professional either went above the standard of care or failed to adequately follow the standard of care for your particular treatment or procedure given your circumstance. This violation of the standard of care is defined as negligence.
Your Injury was the Direct Result of the Doctor’s Negligence. For your case to be valid, you must prove that the medical professional’s negligence caused your injury. An unfavorable outcome doesn’t constitute grounds for a malpractice claim. You must prove that your injury would not have occurred without the doctor’s negligence. Without medical negligence or if the injury wasn’t caused by negligence, there is no grounds for a valid case.
Your Injury Resulted in Substantial Damages and Loss. It is expensive to pursue a malpractice case. You must prove that the damages incurred are significant enough to outweigh the possible recovery. If you’re able to show that your injury resulted in a loss of income, a disability, significant pain, suffering and hardship or in the accumulation of substantial past or future medical bills, your case has a great chance to proceed.
If you have been injured as the result of a physician’s negligence and think you have a valid claim, contact us for a free consultation. Even if you’re not sure if your claim is valid, we would be happy to go over your case with you.