Common Signs that You Have Become a Victim of Medical Malpractice

May 11, 2022by LegalASAP

A mistake or negligence by a doctor or health care provider can have a devastating and lasting impact on a person’s life or lead to a fatal result. Patients seek medical help from their doctors and health care providers and expect to be treated with respect. Doctors have an obligation to provide care give an accurate diagnosis when needed. When this doesn’t happen, and things go wrong, it could be a case of medical negligence.

This post will look at the elements of medical negligence and what to do if you qualify for a medical malpractice claim. 

Do I Have A Medical Malpractice Claim?

Medical malpractice is a complicated field. It can be challenging to know if the level of care you received was adequate and even more difficult to prove it was malpractice. 

How can attorneys legally prove someone is a victim of medical malpractice or medical negligence? Every medical negligence or malpractice lawsuit must prove these four things:

  • You had a doctor-patient relationship with the person or facility that caused you harm. 
  • The doctor or hospital had a duty of care toward you.
  • The doctor or hospital breached or did not fulfill that duty of care.
  • This breach contributed directly to causing more harm to you. 

There are a few common indications that you may be a victim of medical negligence or malpractice, which include:

The Medical Facility was Understaffed

Suppose the medical facility that cared for you was understaffed or didn’t have the resources to care for you properly. In that case, it could put patients at risk for a variety of medical errors. 

Your Condition is Not Getting Better or is Getting Worse

While not all medical conditions improve, if your condition becomes significantly worse or doesn’t improve, it could signify a misdiagnosis by your medical professional.  

Your Doctor Doesn’t Listen to Your Symptoms or Take Your Concerns Seriously

If your doctor isn’t listening to all of your symptoms, dismissing them or is failing to update your medical records, you could miss out  on potential treatments or receive a misdiagnosis. ,  

Your Doctor Didn’t Follow up on Tests or Order Additional Tests

If your doctor neglected to order follow-up tests or only ordered basic tests, they could be negligent in their care. If so, this could help prove medical negligence. 

You Received a Second Opinion With a Different Diagnosis

If you receive a different diagnosis from another doctor, you may be a victim of medical malpractice. 

What is Medical Duty of Care?

A medical duty of care is the moral and professional obligation a doctor has towards their patient not to cause harm or additional agony. The medical duty of care is also a standard of care that other doctors with similar training and experience would undertake in the given circumstances to ensure patients receive the best standard of care.  

What is Medical Negligence?

Medical negligence or breach of duty is when a doctor or health care provider fails to treat a patient’s illness or injury according to accepted guidelines. It also means their actions directly resulted in harming the patient. 

Some examples of medical negligence include: 

  • Prescribing incorrect medication or the wrong dosage
  • Incorrectly diagnosing a condition or missing it completely by not listening to the patient’s symptoms
  • Making a serious mistake during surgery 
  • Prematurely discharging a patient from care
  • The presence of bedsores 

Do you Need a Medical Malpractice Attorney if You Have Faced Medical Malpractice?

Medical malpractice claims can be complicated to navigate and very difficult to prove. If a healthcare provider harms you, you need to speak with a medical malpractice lawyer. A medical malpractice attorney or law firm can provide a thorough review of your case before filing an official claim. They can advise you on the best course of action and help you understand your options. 

If you think you are a victim of medical malpractice and need help from a legal representative, contact LegalASAP today. We can connect you with an experienced medical malpractice attorney in your area who is available to review your case.

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