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Do I Have a Medical Malpractice Case? 10 Signs of Malpractice

Do I Have a Medical Malpractice Case? 10 Signs of Malpractice


Are you asking yourself, “Do I have a medical malpractice case?” It happens more often than most people realize. Meanwhile, medical malpractice-related costs reach almost $60 billion a year!

A medical error could impact your quality of life. Someone’s mistake could even cost you a loved one. Instead of letting this improper care continue, consider making a case for yourself.

You’re probably asking, “How do I know if I have a medical malpractice case?” We’re here to help. Keep reading to discover the 10 signs you have a case.

If you do, it’s time you receive the compensation you deserve. Continue reading our guide to learn more.

  1. Your Doctor Isn’t Following Up

As patients, we have to trust our doctors to provide us with the best possible care. Our prolonged health is in their hands. In many cases, you’ll need to visit a doctor more than once to make sure the prescribed treatment is working.

After receiving your diagnosis, it’s normal for you to follow up with questions. Otherwise, you might neglect to gather the information necessary for your treatment.

If your doctor isn’t providing the information you need or fails to follow up altogether, you could have a case.

It’s your doctor’s responsibility to provide you with information regarding your diagnosis and treatment. Are they rushing you out the door? Are they failing to answer your questions?

Failing to provide you with proper treatment indicates neglect on their part. Instead, your doctor should take the time to address your concerns. They should also review your treatment plan in detail to ensure you receive the care you need.

If your doctor isn’t following up with you, consider contacting a medical malpractice attorney. They can help you pursue legal action and ensure you receive proper compensation.

In the meantime, make sure to gather your medical records. Keep track of all medications and treatments you were prescribed, too. You’ll need to gather as much information as possible in order to strengthen your case.

  1. The Treatment Isn’t Helping

When a prescribed treatment fails to work as intended, it could indicate a misdiagnosis. An inaccurate diagnosis could leave you without the treatment you need to solve your medical problem. In the meantime, your symptoms could get worse.

In these instances, you’ve become a victim. Your doctor is essentially treating you for a health concern you don’t have. Meanwhile, you’re not receiving treatment for the real problem.

As a result, your health could continue to deteriorate. In extreme cases, you could even die as a result of your misdiagnosis.

In some cases, you could even experience side effects by taking the prescription medication your body doesn’t need.

If you’re asking yourself, “Do I have a medical malpractice case?” speak with an attorney. They can help you determine if you have enough evidence to make a case.

  1. Errors During Surgery

Americans file an estimated 17,000 medical malpractice suits every year. Many of these cases involve surgical errors.

Any surgery is bound to come with a list of potential risks. Your surgeon should inform you of these risks before you consent to surgery.

Despite common risks, there are ways your surgeon can avoid complications. You could have a medical malpractice case if your surgeon fails to take the right precautions. For example, you might develop an infection because the surgical tools used weren’t sterilized properly.

Some patients experience injuries after they’re placed on a surgical table carelessly. Others receive the wrong treatment or are treated in the wrong area of the body.

These instances all indicate neglect.

  1. Someone Admitted Fault

Did someone on the surgical or medical team admit fault? These cases are usually hard to prove without evidence. However, you might have a medical malpractice case if a member of your medical team admits fault that led to death or an injury.

Most doctors won’t admit their wrongdoings. With that in mind, it helps to have an experienced malpractice attorney at your side.

  1. Mistreatment Led to Death

There are different forms of mistreatment, including:

  • Prescribing the wrong medication
  • Ignoring a patient’s needs
  • Completing the wrong surgery

These situations could cause you to lose a loved one due to medical malpractice. If one of these situations sounds familiar, you might have a case.

  1. You Didn’t Know the Risks

It’s your doctor’s responsibility to inform you of any potential risks before a medical procedure or surgery. You can’t possibly make an informed decision about your treatment if you don’t know the risks involved.

Did your doctor fail to explain the risks that would have led you to deny treatment beforehand? In that case, you might have a case for lack of informed consent. However, you would have needed to experience harm or side effects in order to make your case.

  1. Anesthesia Errors

It’s your anesthesiologist’s job to make sure the anesthetics are administered properly. They’re also supposed to use the proper equipment and monitor your vital signs. Otherwise, improper control could cause a mistake with the IV flow rate.

Neglect could cause a problem with the dosage or documentation error. Maybe you weren’t meant to receive anesthesia at all due to an allergy.

  1. The Treatment Doesn’t Match the Condition

You might have a case for medical malpractice if the treatment you receive doesn’t meet your medical needs. For example, your doctor shouldn’t prioritize invasive surgeries or medical tests. These are usually last-resort treatment options.

If you think your doctor isn’t treating you properly, consider getting a second opinion.

  1. Understaffing Errors

Mistakes can happen when a medical facility is understaffed. For example, your medical team might neglect to give you the care you need. As a result, your symptoms might get worse, further impacting your health.

Pursuing a medical malpractice case due to understaffing could help other patients who are in your shoes.

  1. You’re Experiencing New Symptoms

Some new symptoms are a side effect of treatment or surgery. As a result, it’s usually hard to prove medical malpractice based on new symptoms. However, you might have a case if your symptoms are the result of improper treatment or negligence.

Do I Have a Medical Malpractice Case?: 10 Signs You Do

Instead of asking yourself, “Do I have a medical malpractice case?” speak with an experienced lawyer. They can review the specifics of your case and provide legal counsel. With their help, you can get the compensation you deserve for someone else’s mistake.

Searching for more helpful guides? Explore the Health section of the blog today.

Abubakar is a writer and digital marketing expert. Who has founded multiple blogs and successful businesses in the fields of digital marketing, software development. A full-service digital media agency that partners with clients to boost their business outcomes.