How to tell if your case is medical malpractice or just a bad outcome

Every medical procedure has some degree of risk, and these should always be explained to you by your doctor ahead of your treatment or surgery. Unfortunately, sometimes things can go wrong, and this can have serious, long-term and even catastrophic results for the patient and their family.

If things don’t go to plan and there is a bad outcome to the procedure, you may immediately want to blame your doctor or hospital. The truth is that sometimes medical treatment does have unpredictable and undesirable results, even when every measure of care has been taken by highly professional and diligent caregivers. In these instances, a bad outcome is regrettable, but unpreventable. However, there are some cases whereby the professionals have failed to show due diligence and errors have occurred. This may mean that there is a case of medical malpractice to answer for.

What is medical malpractice?

Medical malpractice is classified as an area of personal injury law that holds medical professionals accountable for any mistakes made in the process of diagnosing or treating the patient, whether that is through physical therapies, medications, surgery or a combination of all three. The result is some degree of negative impact on the physical or psychological wellbeing of the patient, from mild to life-altering. In some cases, death may occur.

The most common types of medical malpractice include:

  • Hospital negligence
  • Failure to receive informed consent
  • Failure to diagnose or a medical misdiagnosis
  • Medication errors
  • Surgical errors

How do you know if you can sue for medical malpractice?

Unfortunately, it is not always easy to identify whether or not someone is to blame for what happened? This is especially true in the days and weeks immediately after you notice that something hasn’t gone to plan, when emotions are running high, and you may not be able to use your best judgement.

Nevertheless, you do have the right to answers, and these may help you to establish if you have a case for medical malpractice. Equally, if your doctor or hospital refuses to give you the answers you deserve, or acts evasively, it could be that they don’t want to reveal exactly what happened or that they have something to hide.

To prove that yours is a case of medical malpractice, you will need to prove:

  • A doctor-patient relationship existed and was agreed by both parties
  • Your chosen doctor/medical professional was negligent. This involves examining standards of care and getting testimony to prove that they were not met in your case.
  • The negligence of your professional caused a specific injury.
  • Your injury has led to specific damages, such as emotional trauma, physical pain, loss of earnings, medical bills and potentially the costs of wrongful death.

Why you need a medical malpractice lawyer

By hiring a reputable medical malpractice attorney, your case can benefit from the unique knowledge and experience that your chosen professional has gained during their career. Your attorney will initially be able to advise you if your case is one of medical malpractice, or if you have just experienced a bad outcome. If you have a case to answer for, your specialist attorney will be able to pursue it on your behalf, using their skill and experience to put forward an accurate and compelling case that secures you the best possible outcome.

If you believe that you may have a case of medical malpractice but would like further advice, our expert lawyer would be delighted to support you. Since 1989, Frank Eidson has helped thousands of Floridians to receive the compensation that has allowed them to get their lives back on track. There is a time limit for medical malpractice cases in Florida, so don’t delay. Contact our offices today and schedule your free case review.


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