Have you had any medical procedures in the last few months? If you answered yes, you have probably spent some time in pain and feeling a bit uncomfortable. All of this may be normal, but it could also be an indicator that you suffered from medical negligence of some kind. In this article, we will discuss how to identify that is the case and what you have to do.
Negligence is a lack of care and diligence on the part of a person in what they do, especially in the fulfillment of an obligation. Medical malpractice is when a doctor, or any other health professional, causes harm through lack of care. For a case to be considered negligence, it must meet the following characteristics:
- A violation of standard care: The laws determine specific types of medical procedures that are acceptable. These are determined by healthcare professionals who have been in similar situations. If this is not done then, medical malpractice can be defined.
- The injury was caused by the procedure: The above point will not be valid under the law without proof that he or she suffered an injury due to negligence. If it was not negligence that caused the damage, then the case will not be valid under the law.
- The injury resulted in much more severe damages than necessary: These cases are much longer than other personal injury cases. During your trial, you will have to have several statements and witnesses. This means that several medical experts will have to review the case and share their results with everyone.
- The patient has to prove all the damages caused by the negligence: When your case goes to trial, it will be essential that you present evidence that thoroughly demonstrates that this negligence caused you disability, loss of wages, unusual pain, suffering, deprivation of your daily activities, and very high medical bills before and after the accident.
Here are some examples of medical malpractice:
- Not being able to diagnose or misdiagnosing.
- Misreading or ignoring your lab results.
- Unnecessary surgery.
- Medicating incorrectly.
- Poor post-op care.
- Not recognizing symptoms correctly.
- Failing to order the correct medical tests.
If you think that any of these apply to your medical case, get in touch with us, we will do everything to help you.