Whether it is just a mere cold, an elective procedure or treatment for a serious medical issue, we look for a doctor. We trust our doctors to be diligent and responsible for our well being. While some medical procedures and medications have risks and possible side-effects, we expect our doctors to be transparent about it. Every year, in the US only, over 200,000 patients lose their lives to medical malpractice. And a lot more suffer injuries due to such practices.
The medical professionals, not just doctors, but also operators, practitioners and other specialized professionals must follow the standard of care. And when they deviate for their professional obligations and that leads to unreasonable outcomes for the patients, it qualifies as medical malpractice.
A bad outcome is not always a malpractice
Medicine and medical science is complex and no two medicines or patients are the same. So, every patient can respond differently to treatment, and there can always be unforeseeable outcomes. With any medical treatment, there is a risk of a complication, especially for complex ones. So, malpractice can have an underlying bad outcome, but the reverse is not necessarily true.
Proving malpractice is often tedious and has a lot of variables in play. Some of the most common malpractices include failure to diagnose, lack of transparency, improper treatment and negligence.
If the doctor failed to diagnose the illness correctly, as a competent would have, it could be grounds for malpractice. If the doctor did not discuss the risks of a treatment openly or hid critical information, you are wronged. Also, if the doctor didn’t uphold the prescribed standards of care and procedures during the treatment, they can be held accountable for malpractice.
- Basic requirements to file for a malpractice lawsuit
Medical malpractice cases are quite difficult and complex. What one may argue as malpractice, others may call it an abnormality. So, before filing for a malpractice lawsuit, you should discuss your case with an expert or an attorney. For a lawsuit, you need the following
○ Prove that there was a doctor-patient relationship
○ Justify that there was negligence or lack of proper treatment
○ Expert opinion or medical records to prove damages.
○ Produce medical proof that there was a personal injury due to the treatment and no other factors were involved
Takes more than just your word to prove a malpractice
Fighting a medical malpractice lawsuit needs more than just you arguing that you were wronged. You need a medical expert to look closely into the case to examine the validity of your claims. Sometimes, if the medical institutions see a case of negligence or an honest mistake during treatment, they convey to the patients or sit down with an early settlement/ compensation. So, if you have already accepted such an offer, it can complicate a medical malpractice lawsuit. Also, these cases can take a long time to conclude, with numerous reviews, testimonies and panel investigations.
If you or someone you know has been a victim of malpractice, our experienced attorneys at Dolan Dobrinsky Rosenblum Bluestein, LLP can represent you for a medical malpractice case. We understand that suffering from a medical condition can be exhausting, for you as well as your family. So, while you focus on getting well, we will fight your case to get you fair compensation.