Signs you have a medical malpractice claim
Every year, billions of dollars are spent on medical malpractice suits, averaging to more than one payment every hour. Medical malpractice is unfortunately common and affects millions every year.
If you’ve experienced medical malpractice, you are entitled to fair compensation for your injury. With that in mind, here’s how to determine whether you have an actionable medical malpractice claim.
There was a violation of standard of care
A medical malpractice claim exists if your medical provider did not act within the proper standards of care. According to the American Board of Professional Liability Attorneys, the standard of care consists of legally recognized medical standards within the profession that are considered acceptable treatment by reasonably prudent healthcare professionals.
Every patient has the right to expect that their medical provider will act within the proper standard of care. When medical providers fail to act as reasonable and prudent individuals within their profession, negligence may be established.
You experienced an injury
In order to act on a medical malpractice claim, a patient must show that they experienced an injury that occurred as a direct result of the provider’s negligence. It’s important to keep in mind that unfavorable results are, by themselves, not sufficient evidence of malpractice. If an injury occurred in the absence of negligence, you cannot act on a malpractice claim.
While it’s not uncommon for healthcare providers to make small mistakes, medical malpractice is more likely in certain situations. These include surgery, early discharge, misidentification of symptoms, and misread laboratory results.
The injury caused damages
Medical malpractice suits are expensive to pursue, as they often require professional testimonies from medical experts. In order to pursue a claim, a patient must prove that they experienced significant damages from a malpractice injury. Injury lawyers often reject cases in which damages are small, as the cost of litigation is greater than recovery.
Common examples of significant damages that may stem from a medical malpractice case include disabilities, loss of income, pain and suffering, and medical expenses.
Establishing a claim
If you believe you have an actionable medical malpractice claim, then contact an experienced personal injury attorney as soon as possible. To ensure the best result in your case, read testimonials left by previous clients from similar cases. It’s important to feel comfortable discussing your experience with your lawyer, so make sure to choose one carefully.
After hiring a lawyer, begin meeting with them to discuss the details of your case. Your lawyer will be able to determine whether you can act upon your malpractice claim. If your lawyer believes your claim is actionable, you can begin discussing what steps to take next and how to work on a settlement.
There are simple steps you can take to avoid future incidents of medical malpractice. It’s important to read hospital and healthcare provider reviews in order to determine whether previous patients have experienced malpractice. For instance, if you’re looking for a provider for laser hair removal, make sure to choose one with an overwhelming majority of positive reviews.
It’s also crucial to voice any potential concerns to your healthcare provider. If you believe certain symptoms are being ignored by your provider, don’t be afraid to say something. For extra assurance, ask someone you trust to accompany you to your appointments.
If you’ve experienced an injury and damages resulting from medical malpractice, contact an experienced personal injury lawyer in your area immediately. If you’re left feeling unsure of whether your current provider is acting within their standard of care, begin searching for a new one.
Cassandra Winter is a professional writer and editor. After a career in PR for an arts charity, she now focuses on writing about her favourite topics from public art to restoration and events. When not working she loves swimming, hiking and quiet nights in with her family.