When you visit a doctor or undergo any form of surgery or treatment, you put your trust in the medical professionals who are supposed to take care of you. More often than not, you are right to do so. There are many fine doctors and nursing staff who do an excellent job. Even still, doctors and hospitals alike have a duty to care for you, and when things go wrong it is your life that is in their hands.
Unfortunately, there are a number of things that can go wrong with your medical care, with many reasons why they can happen. Very often, it boils down to negligence and medical malpractice.
Medical malpractice is when a medical professional causes injury or death to a patient through negligence or omission. This may occur during diagnoses, treatment, in aftercare, or at any stage where a medical practitioner is responsible for your health.
There are three elements that should be present for a viable case of medical malpractice:
- Negligence: It needs to be proved that the injury would not have happened if the medical professional were doing their job properly.
- Violation of standard care: If the health care provider has not met the basic requirements for the standard of care, they are in violation.
- Significant loss or damage: If there has been severe loss such as physical or mental disability, loss of earnings, death, or additional expensive medical bills.
Medical malpractice is a serious issue and needs a serious solution. Here are five signs of medical malpractice and how the personal injury attorneys at Edward M. Bernstein & Associates can help.
When you visit your doctor for a health concern, you rely on their training, experience, and knowledge. Your doctor should be able to provide you with a reliable diagnosis. While it is not always possible to accurately diagnose based on the information presented, it is the doctor’s job to investigate further or refer you to a specialist for tests. You should not be treated for a condition that you do not have, and if there is any uncertainty and the treatment that you are given is wrong, it could lead to further health problems.
If you have been misdiagnosed and your health condition was made worse by the actions of your doctor, then you may have a case for medical malpractice.
Surgery requires you to fully trust the doctor carrying out the procedure. While surgeons train long and hard to be able to perform vital life-changing surgeries, things can go wrong on occasion, and when they do the results can be fatal.
A surgical error may include having the wrong type of surgery performed, the surgeon performing an operation that you did not need in the first place, lack of sterile equipment which may result if an infection or contamination, and problems before the operation or in aftercare.
A general lack of care while the surgery was performed or a failure to fully perform the procedure as it should have been, may also result in injury.
If you have been injured as a result of a problem during surgery that could have been avoided, then you may have a claim, and a personal injury attorney can help you.
Failure to Treat
When you go to your doctor with a condition or an injury, they should treat you. Once you have been diagnosed, if you need treatment, then the doctor should provide you with a suitable course of action that fits the condition. This is generally how things go when you visit the doctor, and again, you trust their judgment. If you are not afforded the standard of care that you should be given and the treatment is either inadequate or nonexistent, and this results in a serious worsening of your condition or injury, you could have a case for malpractice.
Prescription Medication Errors
When you are given a prescription by your doctor, again you trust their professional experience. With so many different types of pharmaceutical drugs, it is hard to know what each one is and what it does. You would, however, expect a medical professional to understand what they have prescribed you, its potential side effects, and how it may interact with other medicines that you are taking.
If a doctor has given you medication that is dangerous when combined with something that they should have known you were taking, this may cause serious health problems. If the wrong medication is prescribed, this, too, could make you very ill. In all of these situations, you may have a medical malpractice claim against both the prescribing physician and the pharmacy at which you filled the prescription.
Childbirth should be a joyful occasion— new life entering the world and becoming a part of your family. It is heartbreaking when something goes wrong during childbirth. If there is negligence, a lapse in prenatal care, or an avoidable problem during the actual birth itself resulting in injury to either the mother, the baby, or both, you could have a medical malpractice claim.
How a Medical Malpractice Attorney Can Help You
If you believe you have been the victim of medical malpractice, then you should contact one of our medical malpractice attorneys as soon as possible. We will run through the specific details of your case and ascertain whether there is enough compelling evidence, as well as enough elements, to file for medical malpractice.
Your attorney will ask you all of the necessary questions to find out everything they will need to know to handle the case.
You may be able to claim compensation for physical injury, emotional suffering, loss of earnings, and the medical bills you may have had to pay for. Your attorney will be able to go up against the doctors, the hospital, and their legal team to fight for the compensation that you deserve.
If you believe you have been affected by medical malpractice, immediately contact the attorneys at Edward M. Bernstein and Associates for your free consultation at 702-240-0000.