How Do I Know If Someone Is The Victim Of Medical Malpractice?

Medical malpractice happens when a medical provider’s negligence causes a patient to suffer injury or damages. However, experiencing a bad outcome isn’t always proof of medical negligence. Medical malpractice can come in many forms, including (but not limited to): surgical error, anesthesia error, incorrect prescription of medication, failure to perform or request necessary procedures and tests, negligent interpretation of mammograms, x-rays, CT scans and MRI’s, failure to obtain informed consent for surgery or invasive tests, and failure to provide proper follow-up care. The different types of malpractice usually fall into one of three categories: (1) improper treatment, (2) failure to diagnose or (3) failure to warn of know risks.

Improper treatments occur when a doctor orders a treatment no reasonable doctor would order, or when a doctor selects an appropriate treatment but then administers it in an incompetent manner. Failure to diagnose occurs if a competent doctor would have discovered the patient’s illness or condition and made a different diagnosis, which would have led to a better outcome than the one that was actually achieved. A failure to warn of know risks occurs if a patient once properly informed as to known risks of a procedure or course of treatment would have chosen not to do go through with that specific procedure or treatment.

To determine if you have been a victim of medical malpractice, the first step is contacting a seasoned medical malpractice lawyer. They will perform a thorough review of the case details, including tracking down the pertinent medical records, and conducting an investigation to determine if the case is actionable.

If you are planning on contacting a medical malpractice attorney, you (or your loved ones) should be able answer the following questions:

  • What were the circumstances surrounding your illness, condition or injury?
  • What was your treatment prescribed by your doctor?
  • What injury or damages resulted from the treatment?
  • What information did your doctor give you about the treatment, including possible outcomes, side effects, and long-term effects?
  • Did you follow your doctor’s instructions regarding your treatment?

The prosecution of medical malpractice cases can be extremely expensive and time-consuming. Consequently, most experienced medical malpractice attorneys will not pursue a case unless the damages caused by the malpractice documented in the records are significant enough to justify it.

If you have any questions about medical malpractice, please feel free to contact our office toll-free at 888-529-9600.