Is It Medical Malpractice? 5 Signs You May Have a Valid Claim
When you visit a healthcare provider, you trust they’ll provide you with the care and attention you deserve to maintain or improve your health. Unfortunately, that isn’t always the case. Medical errors can occur, and when they do, they can have severe, sometimes life-changing consequences. But how can you tell if what happened to you is a medical malpractice case? Below are five signs you may have a valid claim from the medical malpractice experts at Pegalis Law Group, LLC.
1. A Doctor-Patient Relationship Existed & the Doctor Was Negligent
To qualify as a medical malpractice case, you must establish that a doctor-patient relationship existed during the incident. Casual medical advice from a doctor outside of a formal setting wouldn’t meet this standard. It’s also essential to understand that not all medical errors qualify as malpractice.
You must show that the healthcare provider was negligent to have a valid claim. This means they failed to provide the standard of care a reasonably competent doctor would have provided under similar circumstances. Whether they misdiagnosed your condition or provided incorrect treatment, expert testimony is often required to establish the appropriate standard of care.
2. You Experienced Severe Complications From Your Treatment
Did the healthcare provider’s negligence result in severe injury or complications? Was the treatment more invasive than it needed to be for your condition? Severe complications from a treatment or a treatment that didn’t make sense for your diagnosis could result in a valid medical malpractice claim. Proving the healthcare provider’s negligence directly caused your injury or complications can be challenging. Medical records, lab results, and expert opinions can help establish this crucial link.
You must also demonstrate that the injury resulted in specific damages, whether they be physical pain, mental anguish, additional medical bills, or a loss of earning capacity because you were unable to work. Billing statements and your employment records can help substantiate your claim.
3. Surgery or Anesthesia Errors Were Made During Treatment
Surgery and anesthesia errors are sometimes made, often resulting in severe injury or death. Did you experience a problem with dosing or the unintentional administration of anesthetics during treatment? Did your healthcare provider fail to monitor your vitals properly or use non-sterilized equipment? Did you receive the wrong type of surgery or inadequate follow-up care? Did the healthcare facility seem understaffed, or did your doctor not address the concerns you raised regarding your treatment? These could all be red flags that medical malpractice occurred, and you have a valid claim.
4. Your Treatment Isn’t Working, or You Have New Symptoms
Does it seem like your treatment isn’t working? Are your symptoms persistent or worsening? Do you have new symptoms that weren’t described as possible side effects or seemingly unrelated to your original issue? Your doctor could have misdiagnosed your condition or made a mistake in your treatment plan, putting you at a higher risk of injury or complications. However, you must prove your new symptoms result from the healthcare provider’s negligence or improper treatment.
5. Inadequate Follow-Up Care or a Lack of Informed Consent
Before undergoing any medical procedure, your healthcare provider should fully explain any potential risks or complications. Many medical malpractice cases involve a lack of informed consent, resulting in patient harm. Such cases argue that had the patient known the risks or been advised of alternatives, they may have refused treatment. Patients have the right to know what to expect before receiving any medical treatment, although emergency procedures may be an exception. Did your doctor say you’d have further testing or a follow-up appointment to see how you’re recovering and then failed to do so? Some medical malpractice cases involve the healthcare provider failing to follow up with the patient.
Medical malpractice claims are subject to statutes of limitations that vary by state. Missing this deadline means your claim will likely be dismissed, regardless of its merits. If you suspect you have a medical malpractice case, contact an experienced law firm immediately to review your rights and options.
Guidance Through the Complexities of the Legal System
At Pegalis Law Group, LLC, our seasoned personal injury and medical malpractice attorneys would happily evaluate your case to see if you have a valid claim. For 50+ years, our New York-based law firm has guided clients through the complexities of the legal system. Visit our website and follow us on YouTube, Twitter, Facebook, and LinkedIn for more healthcare-related insights to keep you and your loved ones happy, healthy, and safe this year and beyond.