Am I A Victim Of Medical Malpractice?

Individuals worldwide trust medical professionals with their health and well-being every day. They put their lives in the hands of surgeons, physicians, nurses, and other medical personnel who treat them and their loved ones for various conditions. 

While the vast majority of doctors, nurses, and medical facilities treat patients properly on a regular basis, there are occasions when inappropriate or inadequate healthcare is rendered, and something goes terribly wrong. What happens then? More specifically, what should you do if you think that you or a loved one may be a victim of medical malpractice?

What Is Medical Malpractice?

Medical malpractice, also known as medical negligence, occurs when a physician, other healthcare provider, or healthcare facility deviates from the accepted standards of care for patient treatment and causes injury to the patient. If any type of medical professional fails to provide proper treatment to the patient in a competent manner within accepted standards, the result may involve the harm or even death of the individual. Unfortunately, the negligence of medical staff members or a hospital has the potential to cause serious injuries that the patient may have to deal with for the rest of their life. Severe cases can also lead to profound disability and death.

How Can I Know If Medical Malpractice Occurred?

Sometimes, during or after receiving medical care, you have a “gut” sense that something has gone wrong. That intuition can be very helpful in discovering whether medical malpractice has taken place. Patients and loved ones can often detect when things seem out of the ordinary. Many inquiries about medical malpractice begin with the potential victim or a family member describing the experience that raises questions about the quality of care. Oftentimes, the seed of doubt regarding medical care is planted when someone else is concerned about the appropriateness of the care. Occasional clues come from comments of the doctors and nurses involved in the patient's care.

Additionally, individuals today are tech-savvy and sophisticated, and they may begin researching on their own using the Internet, other available resources, or the library. There is a wealth of medical information available online of varying quality. If you suspect medical malpractice may have occurred, you have probably already started investigating the issue and looked for similar scenarios online. While your own online research will not be sufficient to make a legal case, it can assist you in making a rough determination concerning whether the problems at hand may have been a result of medical malpractice.

The next step is to take your concerns to a lawyer. A medical malpractice lawyer who is also a physician will have substantial knowledge of the standards of care and protocols that should have been followed during a hospitalization or other medical treatment. If the lawyer does not have that level of expertise, they will send the case details to a medical expert for analysis and review. The ultimate determination of medical malpractice relies upon a medical expert's evaluation.

What Are The Signs That Point To Medical Malpractice?

While it may be difficult to accept, a bad outcome from medical care does not necessarily mean that a medical provider did something wrong. Injuries and complications can and do occur in doctors’ offices, hospitals, and other types of medical facilities, even when the care provided is appropriate and medical standards of care have been met. However, there are certain instances where there may be more concrete hints or signs that something is not right.

Occasionally, medical professionals make statements like “I’ve never seen that before” or “that should have never happened” that are overheard by or stated to the family or patient. This can be a big red flag. There have even been cases where a nurse or other healthcare provider has told a patient or family member that they should see a lawyer because of what happened.

In addition to hearing comments from the medical staff, some patients or family members may have a general sense that something has gone wrong. For instance, if you went in for treatment of an ingrown toenail and eventually ended up losing a leg, there is obvious and justified cause for concern about the quality of the medical care. While this example may appear extreme, anything is possible in severe medical malpractice cases. 

Medical malpractice during childbirth is another topic of high interest. If you had completely normal prenatal visits and ultrasounds throughout the pregnancy and ended up with unexpected complications during the delivery that caused devastating birth injuries to the baby, the possibility of medical malpractice exists.

When Can I Not Pursue A Medical Malpractice Case?

To put it simply, you cannot pursue a medical malpractice claim when there has been no negligence. Medical negligence is a deviation from accepted standards of medical care that results in an injury. A complication is not necessarily the result of medical negligence. Unfortunately, bad events and outcomes happen to patients a significant proportion of the time. While these are clearly undesirable, they can and do occur even when the medical care is appropriate and error-free. A medical procedure or treatment has side effects and known complications and is never without risk. Generally, the patient gives informed consent before starting treatment. It may be considered malpractice if a patient doesn't receive all the information and potential outcomes.

How Can I Seek Justice For My Injuries?

It is often complicated to prove medical malpractice. Each situation is unique, and it is difficult to make blanket generalizations about all medical malpractice suits. That's why seeking legal advice from an experienced medical malpractice lawyer is important. A medical malpractice lawyer will investigate your claim and determine if a healthcare provider failed to meet the accepted standard of care. 

At Ross Feller Casey, we have medical doctors on staff to review medical records, recognize medical errors, and work alongside our attorneys through the legal process. We know that you have medical expenses and other financial burdens. Let us help you determine if you have legal recourse for your damages and hold negligent healthcare providers accountable for their actions. 

If you think that you or a loved one has suffered from negligent medical treatment, call the lawyers at Ross Feller Casey to schedule your free consultation today.