How to Know If You’ve Suffered Medical Malpractice
You come out of a procedure with more problems than you went in with. The operation didn’t seem to fix your issue, and you have developed others stemming from your hospital stay. Is this simply a reflection of the imperfection of modern medicine? Or is this an instance of medical negligence?
It can be difficult to determine if you have a medical malpractice case because the law does allow some leeway for the complications that can occur with any treatment, through no fault of the physician. The human body cannot be entirely understood, and the laws are not unsympathetic to surprise developments no one could have predicted.
Sometimes, however, human error is to blame. Here’s how you can determine whether you have suffered medical malpractice.
What You Must Prove in a Medical Malpractice Case
You need three things to prove your case:
- Damages to the patient
- Evidence that the physician’s actions led to the patient’s condition
- Evidence that the doctor acted carelessly, negligently or in a manner that did not meet regular standards of care
Have You Encountered Any of These Red Flags?
In a case of malpractice, you may encounter warning signs that signal your doctor made an error. Though these red flags do not always indicate negligence, you should consider this possible evidence of malpractice. Warning signs include:
- Symptoms that don’t match the diagnosis you received
- Diagnosis after just one lab test
- Your condition became worse and worse, and your doctor seemed uninclined to treat it
- Your medical team has dismissed or ignored your questions about your condition
Pain After Your Treatment
Some pain is to be expected following certain treatments. Surgery, for instance, can result in pain for days or weeks afterward, depending on your procedure. But if you notice your pain levels increasing and the pain is different from what the doctor had prescribed before surgery, such as in a different location or with a different intensity, it could be a sign of malpractice.
Talk to Your Family
Chances are good that if you had an operation or another procedure, you had some family members around to help care for you. Did they overhear someone on the medical staff describe your case as confusing or baffling? Did they hear a nurse or doctor say they had never seen something quite like your case before or say something had gone wrong? These can also be red flags.
Were Your Concerns Taken Seriously?
It feels pretty rotten to have someone dismiss your worries as hysteria, hypochondria or a run-of-the-mill problem when you can feel it’s just not. Malpractice can include cases where doctors did not take the proper precautions because they thought they had a handle on the case.
Still not sure if your case meets the standards for medical malpractice? Consult Irpino, Avin & Hawkins Law Firm. We can discuss your case and help you determine whether you should file a malpractice suit. Our experienced attorneys can draw on their knowledge from past cases to advise you. Call or click to speak with an attorney today.