How Can You Tell if You Have a Medical Malpractice Case?
Sometimes, medical malpractice is easily recognizable. For example, you might wake up from surgery and find that the surgeon operated on the wrong body part or. However, the vast majority of medical malpractice cases are difficult to recognize. If you are not a doctor or don’t have medical training, you might wonder if your condition worsened or if your new symptoms are due to malpractice.
Defining Medical Malpractice
Medical malpractice arises when a healthcare provider fails to meet the required standard of care in treating a patient. Medical malpractice is not just about a bad result. It is about whether the medical professional acted in a manner that another competent professional with the same training and experience would have under similar circumstances.
To determine if you have a valid medical malpractice case, you need to understand the following basic elements of a medical malpractice claim:
- Duty – The healthcare provider who treated you must have owed you a duty of care for you to have a case of medical malpractice. Generally, this entails proving that you had an established professional relationship with the healthcare provider who treated you. Showing this professional relationship is typically straightforward. You just need to show the provider treated you in a medical setting or consulted regarding your treatment.
- Negligence – Next, you must show that the healthcare provider was negligent in their duty. This entails showing that they failed to live up to the set standard of care.
- Causation – Even if a healthcare provider was negligent in their duty, you must prove that their negligence directly caused you harm. In other words, you must prove you’re your outcome likely would have been different had the negligence not occurred. Sometimes, this is the most challenging element to prove in a malpractice case.
- Damages – You must have suffered actual damages due to the healthcare provider’s negligence, including additional medical expenses, pain and suffering, lost wages from missed work, and emotional distress.
Signs You May Have a Valid Medical Malpractice Case
Are you unsure whether you have a malpractice case? The following are some signs that might indicate you need to schedule a consultation with a medical malpractice attorney:
- Lack of informed consent – Before receiving medical treatment or undergoing surgery, doctors are required to fully explain the benefits, risks, and potential complications involved. If you did not receive this information, and yours was not an exceptional case, such as an emergency, you may have a case of medical malpractice,
- You suffered serious complications after treatment – An unusual complication or outcome after treatment could indicate malpractice.
- Your doctor has not followed up on your concerns – If you’re experiencing unusual side effects or complications and your doctor is not following up on your concerns, they may be ignoring you because they know they were negligent.
- Your treatment plan and severity of your condition don’t match – If you received treatment that seems excessive in relation to your condition and you have suffered harm, you may have a valid malpractice case.
- The healthcare facility is understaffed – In such facilities, it is easy for healthcare providers to make preventable mistakes due to fatigue.
Contact an Atlanta Medical Malpractice Attorney
If you think you have a potential medical malpractice claim, contact the experienced Atlanta medical malpractice attorney at Carroll Law Firm to schedule a consultation.
