Questions to Ask When Determining if You Have a Medical Malpractice Case


Sometimes, despite the best efforts of a doctor, people suffer adverse effects from their medical treatment. On the other hand, negligence does happen, and you deserve to be compensated if you are the victim of it. To determine whether you should sue for medical negligence, you will need to determine first if you have a case.

Who Has Duty of Care?

Healthcare providers have a duty of care for their patients. When the duty of care is breached and causes you harm, and the harm causes additional medical expenses and pain and suffering, you will often have a medical malpractice case. Hospitals have a duty of care to patients who are admitted into the facility. Doctors have a duty of care for their patients. Nursing homes have a duty of care for their residents.

Did You Receive the Wrong Treatment?

You will need to determine whether an error occurred that caused you to suffer certain adverse effects. For example, if your doctor believes that a prescription would be an effective treatment for your condition, but you have an unexpected adverse reaction, this would not be considered medical negligence. However, if you are given the wrong medication, you'd likely have a malpractice case.

Did You Not Receive Adequate Follow-Up Care?

Other mistakes can be difficult to prove. For example, you may argue that you were not provided adequate follow-up care and that this caused your condition to worsen. If you suffered an injury and your physician does not recommend physical therapy, even though this is the standard procedure when treating your condition, the judge would look at the discrepancy between the treatment you received and the standard treatment when deciding whether to award you compensation.

How Was the Cleanliness and Safety of the Facility?

One of the most challenging cases involves a hospital or nursing home that is simply unclean or unsafe. You will need to document the state of the hospital and ask for assistance from witnesses when describing the condition of the medical facility.

Were You Offered a Settlement?

Some medical practitioners will admit that they made a mistake and will offer a settlement. You should always speak with a lawyer before you accept a settlement because the damages you faced may be greater than you realize. Medical errors can lead to expensive bills in the future as the negative consequences of the medical negligence manifest themselves.

Determining if you have a case can be challenging given that you will need sophisticated medical knowledge. A medical negligence attorney will evaluate your situation and work with medical experts to determine if you have a legitimate case. Contact such an attorney, like Attorney Carole A Gardiner, in your area to ask questions.

About Me

Law Information Everyone Should Know

Hi, my name is Jessica Hawkins and welcome to my law blog. My mom and dad are both attorneys so I grew up with a lot of law talk around the house. Even though I decided not to become an attorney, I still have an interest in the law. Plus, when I visit my parents, that's all they want to talk about, so I still learn what I can about the law so that I can join in on the conversation. I wanted to create a blog to inform others about various aspects of the law. In this blog, you'll also find out about the different types of attorney specialties and when it's best to consult an attorney. I hope that you find my blog useful and that it helps to answer your law questions.

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