4 Signs You’re A Victim of Medical Malpractice

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Gavel and stethoscope. medical jurisprudence. legal definition of medical malpractice. attorney. common errors doctors, nurses and hospitals make.

Wrestler Hulk Hogan was experiencing back pain, so he decided to visit the Laser Spine Institute of Tampa.

However, after multiple surgeries, Hulk Hogan’s back problems became worse instead of better. Finally, the Hulk decided it was time to sue the Laser Spine Institute for malpractice. One of the damages he sued for was the $50 million he lost from not being able to wrestle.

Are you dealing with an injury or illness that you believe a doctor caused or made worse? Then you may need to lawyer up!

Read on to learn 4 signs of medical malpractice, and what to do about it.

  1. Surgical Errors

First, surgical errors are one of the most obvious signs of medical malpractice. However, not every type of surgical error qualifies as malpractice. For a surgical error to constitute a malpractice case, the surgeon has to fail to follow the appropriate standard of care.

The harm caused to the patient has to be the direct result of the surgeon’s failure to administer the appropriate standard of care. If you were hurt during surgery, but the surgeon maintained the appropriate level of care, then you wouldn’t have a malpractice case.

Likewise, if the surgeon adhered to all the rules, and you were still hurt, you wouldn’t have grounds for a case. What type of surgical errors do malpractice attorneys see the most?

Common surgical errors include things like damaging a nerve, creating an incision at the wrong location, or leaving an instrument inside the body. If leaving a surgical instrument behind sounds absurd, you’ll be even more shocked to find out how often it happens.

About 1,500 people have surgical objects accidentally left inside of them, every single year! Sponges are the most common forgotten object, making up about two-thirds of the cases. Left behind, the small sponge can become a painful problem that delays your healing timeline, obstructs your bowels, and increases your risk of infection.

Why do surgical errors happen in the first place? There’s a variety of factors that contribute to surgical errors. For instance, if the surgeons are fatigued, or inexperienced, it’s more likely that an error will occur.

  1. Late Diagnosis or Misdiagnosis

Next on our list of medical malpractice cases, we have misdiagnosis and late diagnosis. Similar to surgical errors, not all misdiagnosis or late diagnosis’s qualify as a malpractice case. Instead, to be valid the diagnosing error has to be the result of improper medical care, no treatment, or delayed treatment.

A misdiagnosis case can include a wrong diagnosis, missed diagnosis, late diagnosis, or failure to recognize there was a condition to diagnose. For instance, you’d have grounds for a malpractice case if your doctor correctly diagnosed 1 condition, but missed the need for a 2nd diagnosis.

To get the best possible settlement award, we suggest you secure the help of a medical malpractice lawyer. When proving your case, your lawyer will have to establish that there was a doctor-patient relationship. Next, it’ll be your attorney’s job to shows how the doctor failed to live up to the proper standard of care when diagnosing your condition.

Your attorney also has to establish how the doctor’s failure caused you direct harm. Of course, lab and test errors could also be the cause of your misdiagnosis. If your misdiagnosis case is the result of human error or flawed lab equipment, you’ll still have grounds for a case.

Either the doctor who read the test scan or the technician who conducted the test can be held legally liable. You can also hold the hospital staff directly responsible if they made any type of mistake during the lab tests.

  1. Loss of a Family Member

Did you lose a loved one after a medical procedure? If yes, then you could have grounds for a wrongful death lawsuit. Wrongful death cases occur whenever a patient dies as the direct result of medical malpractice. You can hold both the doctors and the hospital legally liable, depending on the details of your case.

To file a wrongful death lawsuit, you have to be the executor of the deceased’s estate. The person representing the deceased has to be appointed by the state court that takes care of estates and wills. Oftentimes, the state court that handles estates and wills is called probate court.

Once you’re appointed to the case, you’ll want to hire an experienced attorney to help you build your argument. First, your attorney will have to prove that medical malpractice took place. Next, your attorney has to establish that the malpractice caused the death of the patient.

As far as damages are concerned, you’ll need to establish how much money the decedent’s immediate family’s lost from their passing. You can also sue for non-economical damages, such as pain and suffering, and loss of companionship.

  1. Wrong Medications

Did your doctor prescribe the wrong medication to you? Did you experience an injury or illness as a result? If yes, then you could have grounds for a medical malpractice lawsuit. For your doctor to be liable, they have to be the one who made the mistake. If the pharmacist or drug company caused the error, you won’t have a valid claim.

To prove negligence, you have to establish what the medical standard of care was under your circumstances. Next, you’ll have to demonstrate how your doctor strayed from the standard of care, thus, causing you harm. An example of harm would be if the incorrect prescription medication caused your previous health condition to worsen.

Recovering From Medical Malpractice

Recovering from medical malpractice can be a long and expensive journey. However, you can speed up your recovery time, both financially, and physically, by getting the help of an attorney. Instead of trying to handle everything on your own, place your future in the hands of a professional legal team.

Go ahead and look for attorneys that specialize in medical negligence and malpractice cases, and ask them for a free consultation. Are you ready to learn more helpful legal tips like the ones in this article? Then take a moment to explore the rest of this site!

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