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You are here: Home / Law / 5 Signs You Might Have a Medical Malpractice Case

5 Signs You Might Have a Medical Malpractice Case

March 9, 2023 by Jodie Austin

Medical malpractice is a serious issue, and knowing when to consider pursuing a case can be difficult. It’s important to remember that medical malpractice is not the same as receiving subpar care or simply not being satisfied with the results of your treatment. So, how do you know if you might have a malpractice case? Let’s take a look at the basics.

What Is Medical Malpractice? 

Medical malpractice happens when a physician acts in an irresponsible manner, resulting in harm to the patient. This could include misdiagnosing an illness, failing to provide proper care, giving incorrect medication or dosage amounts, or even performing surgery incorrectly.

In any of these cases, the patient has suffered some form of physical and emotional injury, which requires legal action to address.

How to Know if You Have a Medical Malpractice Case?

Source: scaffidilaw.com

To help you decide whether or not pursuing a medical malpractice case is the right choice for you, here are five questions to ask yourself.

1. Was I Given the Wrong Diagnosis? 

If the doctor was incorrect in their diagnosis and caused you harm, this could be considered malpractice. However, for it to qualify as such, there must also be proof that a different doctor with similar qualifications would have made a different diagnosis—one that would have resulted in better outcomes.

2. Did I Receive Inadequate Treatment? 

Another factor that could point towards medical malpractice is inadequate treatment. If your doctor failed to provide adequate care or follow standard safety protocols that led directly to your injury, this could be grounds for a lawsuit.

This may include things like misusing medications or failing to properly diagnose and treat an illness—all of which can result in serious health complications down the line.

3. Was There Negligence on the part of My Care Provider? 

Source: the-medical-negligence-experts.co.uk

Negligence refers to any action (or lack thereof) taken by your healthcare provider that fails to meet the standard of care expected from someone with their qualifications and experience level.

For instance, if your healthcare provider didn’t get informed consent before proceeding with certain treatments or procedures, they may have been negligent in their duties. And they could be held responsible for any resulting damages or injuries.

4. Were Any Errors Made During My Surgery?

No surgery is ever completely free of risk. However, if errors were made during yours that directly led to harm being done—such as cutting into the wrong organ or leaving surgical instruments inside your body—then this could constitute medical malpractice. This is on behalf of your surgeon and/or other members of their team involved in your procedure(s).

5. Was I Prescribed Medication Without Proper Monitoring?

Source: ama-assn.org

When prescribing medication for chronic conditions like high blood pressure or diabetes, doctors need to monitor their patients closely. They do this to ensure those medications work correctly without any health risks.

If it can be proven that proper monitoring was not done and it resulted in further harm being, then this could be grounds for a lawsuit. Reach out to a medical malpractice attorney in Miami.

Get a Medical Malpractice Attorney in Miami Today

Pursuing a medical malpractice case is never something people should enter into lightly. There are many nuances involved, and understanding them takes time and effort. So, make sure to consult an experienced medical malpractice attorney in Miami before taking any steps forward!

That said, knowing these five signs will help you know if pursuing such legal action is right for your situation. Get a medical malpractice attorney in Miami and get what is rightfully yours.

 

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