Medical malpractice is considered valid when a doctor or physician provides you with incompetent care. There are many things that are considered medical malpractice, from misdiagnosis to improper treatment. If you have suffered after medical treatment, it is possible that you have a malpractice lawsuit on your hands.
So do you have a case on your hands? If you don't know, don't worry. Here are three tips for determining if you have the legal grounds to file for a medical malpractice case:
1. Multiple Doctors Agree
Medicine a very subjective field. One doctor might believe they treated you well, while another doctor might disagree. The best way to determine medical malpractice did occur is to collect multiple opinions from different physicians. If several doctors agree that your diagnosis or treatment plan was wrong—or simply that the previous physician was negligent—then you have a good basis for a lawsuit. Just make sure you get these opinions in writing, so that you can use them as a reference in the future if needed.
2. You Have Proof
In order to file a lawsuit, you'll need proof that your issue came because the doctor didn't treat you properly. For example, if you have a serious heart condition that the doctor didn't diagnose and you suffered from a preventable condition, such as heart failure, you have a case on your hands. You can get this proof from another doctor or specialist. If you cannot prove that your condition was caused by failure to diagnose or treat, you will likely have a hard time winning the lawsuit.
3. Your Condition Can Be Explained by Poor Care, Communication Failure, or a Misdiagnosis
There are three common areas that fall under medical malpractice: poor standard of care, failure to inform, and misdiagnosis. Poor standard of care is when a physician doesn't act professionally or is incompetent. Failure to inform is when you are not informed about a medication, procedure, or treatment plan. These cases may also include failure to provide a consent form. As you might guess, misdiagnosis is when a doctor doesn't diagnose a serious condition that could have prevented serious illnesses or injuries. If your case falls under any of these three areas, the chances of winning your case are high—as long as you have proof.
While filing a medical malpractice lawsuit isn't easy, determining if you have one on your hands is. If your situation fits these three criteria, contact a lawyer immediately. These professionals can help you gather information, file the lawsuit, and present your case. Speak with legal professionals like McLaughlin & Lauricella to learn more.Share