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When Do You Have A Medical Malpractice Case?

When someone suffers a mistake or negligence at the hands of a doctor or a healthcare provider, they are often wondering if they have a valid medical malpractice lawsuit. The first and most important aspect of any medical malpractice case is the health and wellbeing of the person who has suffered the injury or negligence. After the individuals health is taken care of, they can then find out whether the doctor’s mistake amounts to medical malpractice. In order to determine if the person has a valid medical malpractice claim, certain factors need to be considered. Before going on to those factors, it is important to determine when you may have a medical malpractice case.

Error in diagnosing – If the doctor or health care provider failed to properly diagnose the patient’s problem, or if they made an incorrect diagnosis, then the patient may have a viable medical malpractice claim. Proper diagnosis at the right time can lead to a better outcome for the individual.

Improper treatment – If the doctor chooses to go ahead with an incorrect or improper treatment plan, one which is different than what a competent doctor would do, then the patient could have a medical malpractice claim. The same is the case if the doctor chose the correct treatment plan, but administered it incorrectly or incompetently.

Failure to inform the patient of possible risks – When a doctor or healthcare provider treats a patient for a certain illness, they have a duty to inform the patient about any known risks associated with that treatment option. This is called “informed consent.” The patient will then continue with the treatment knowing that it can have the possible side effects or risks. Once the patient is informed about the possible risks and he or she continues to go ahead with the treatment, then the doctor or health care provider may not be held liable for medical malpractice. However, if the doctor never told the patient about the possible harmful effects, especially if the patient would not have taken treatment had they known about those risks, then the doctor will be held liable for medical malpractice.

What needs to be proven for a successful medical malpractice lawsuit?

In order to bring a successful medical malpractice lawsuit, the following elements needs to be present:

  • A doctor-patient relationship existed
  • The provision of care fell below the accepted medical standard of care
  • There was a causal connection between the negligence by the medical provider and the harm suffered by the patient
  • The damages suffered by the patient as a result of the negligence was quantifiable

Whatever the case, it is important to get in touch with a personal injury lawyer who specializes in medical negligence cases. In such cases, the attorney does not have to be paid up front. Almost all medical malpractice lawyers work on a contingency fee basis. Once they are successful in getting a settlement, you pay them a percentage from that settlement that they have obtained in damages for your injuries.


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