Although most people expect medical care to create positive health outcomes, that’s not always the case. Complications can happen even when doctors follow all protocols and do their best. However, sometimes healthcare providers make preventable mistakes. If you’ve suffered harm after being treated by a medical professional, you might have grounds for a medical malpractice claim. While only an attorney can make that determination, there are some signs that indicate you might have a case.
- An attorney says you have a claim
If a medical malpractice attorney says you have a case, that’s the clearest sign. Experienced attorneys can easily identify claims they believe have merit. For instance, they’ll look at your medical records and treatment decisions to see if there’s any evidence of negligence. Once you explain the situation, if a lawyer is willing to invest their time into looking deeper into your claim, that’s a positive sign.
If you haven’t consulted with an attorney yet, don’t wait any longer. Lawyers understand the standards healthcare providers are required to follow, and can identify deviations you might not notice. The sooner you get a professional opinion, the better.
- Your healthcare provider made a clear error
Not all bad medical outcomes count as malpractice. The question is whether a provider acted in a way that deviates from how a competent professional would have acted. That deviation is a sign of malpractice.
Some of the most common forms of medical malpractice include surgical mistakes where surgeons operate on the wrong body part, leave surgical instruments inside someone’s body, or perform the wrong procedure. It’s also commonly considered malpractice when doctors prescribe the wrong medication or dosage or commit diagnostic errors.
All of these situations can cause measurable patient harm. While harm alone isn’t enough to establish malpractice, these situations are a sign you should at least talk to a lawyer.
- You were misdiagnosed or not diagnosed at all
Getting an accurate diagnosis is critical for starting treatment. When providers overlook symptoms or fail to make an accurate diagnosis, it can cause serious harm. For example, conditions like cancer, stroke, and heart disease require a fast diagnosis for the best patient outcomes. Getting the wrong diagnosis when you have a serious illness can lead to undergoing unnecessary treatment while delaying the treatment you actually need. Delayed treatment can cause conditions to worsen and create even more avoidable complications.
- Your injury was preventable
Medical malpractice lawsuits hinge on preventability. The main issue is whether your injury would have likely been avoided if you had received proper care. For instance, some injuries fall outside the known risks associated with treatment, and those injuries are often signs of negligence. Many people seek a second opinion after being harmed and discover that their doctor should have followed a completely different course of action.
There are always risks and side effects involved in medical treatment, but you shouldn’t experience new complications that are preventable. There’s a good chance you have a claim if a medical error extended the time of your treatment and caused additional harm.
- Test results were overlooked
When doctors ignore abnormal test results, it can cause a delayed diagnosis that postpones your ability to get proper and prompt treatment. Sometimes doctors don’t tell patients the full story regarding their test results, and that can be considered negligence when done intentionally.
- You experienced significant financial loss
Medical malpractice claims require measurable damages. You might have a case if you experienced financial loss after a medical mistake. This might look like additional treatments or hospitalizations, extended recovery periods that caused you to miss work, or the need for ongoing treatment for the rest of your life.
- Your doctor is acting shady
After an unavoidable medical complication, most healthcare providers are open about what happened. However, if your doctor is evasive or defensive, or just hard to reach, that can be a major red flag for malpractice. If you ask simple questions about your treatment and get vague answers, they discourage you from getting a second opinion, or if their story keeps changing, that’s a sign that it’s time to talk to a lawyer.
Explore your legal options with a lawyer
Trying to figure out if you have a medical malpractice case requires more than identifying a bad outcome. A valid claim requires proving measurable damages caused by a medical error committed by a doctor who deviated from the standard of care. Consulting with a medical malpractice attorney is the best way to find out if you have a case.