When you visit your doctor for an illness or injury, you expect him to give you an accurate diagnosis with an appropriate treatment plan. When you go under the knife for a routine surgery, you expect that your surgeon will perform the procedure up to the normal standard of care. Unfortunately, this doesn’t always happen. And though plenty of factors may be involved, medical malpractice is a possibility in these situations.
What is Medical Malpractice?
Medical malpractice occurs when a hospital, doctor, or other health professional causes an injury to a patient through a negligent act or omission. The negligence can occur as the result of treatment, diagnosis, aftercare, or ongoing health management.
In some situations, malpractice is pretty cut and dry. In other scenarios, it’s less clear. But in any case, it comes down to what’s considered “normal.”
“The physician or care provider’s behavior is compared with a hypothetical average doctor with the same specialty and background,” Salvi, Schostok & Pritchard P.C. explains. “If your doctor provided care below the quality of care any reasonable physician would have offered, the physician can be liable for malpractice.”
To be considered malpractice, a claim has to meet three specific criteria. It must be proven that:
♦ A violation of the standard of care exists
♦ An injury was caused by negligence
♦ The injury resulted in significant damages
If each of these criteria is satisfied, a claim for medical malpractice can be made, perhaps with the help of someone like this brain injury lawyer, so that health professional(s) can be held responsible.
6 Signs of Malpractice
While every malpractice case will be unique, here are some of the common signs to be aware of:
1. Symptoms Don’t Match Diagnosis
Your symptoms should align with your diagnosis. If they don’t, there’s a chance that your doctor has misdiagnosed you. Your best option it to get a second opinion, which will give some valuable insight into your current medical condition.
2. You Don’t Get Better With Treatment
“Many doctors don’t like to admit that they were wrong,” FreeAdvice.com mentions. “If this sounds like your doctor and the treatment he or she prescribed for your illness isn’t working, it may be time to get a second, or third, opinion.”
If subsequent opinions suggest that the original doctor made a mistake, then it’s entirely possible that you have a malpractice claim on your hands. Consult an attorney to learn more about your options.
3. You Get Worse After Treatment
Sometimes treatment is ineffective – but other times treatment actually makes you worse! If you discover that you feel worse, or that new, unexplained symptoms arise after being treated, this could be a sign that your doctor made a mistake. Never assume that your situation is normal. Ask questions and proactively seek out answers.
4. Doctor Refuses Follow-Up
A doctor is required to monitor and examine conditions that require follow-up care. If a medical professional refuses or ignores the need for follow-up care, it’s considered malpractice. (For example, if a doctor fails to schedule a follow-up appointment after a surgical procedure, it could easily be considered malpractice.)
5. Your Doctor is Evasive
Is your doctor being evasive when you ask questions? Is she hard to reach? Does her office refuse to respond to your messages? While doctors are busy and can’t always be reached immediately, evasiveness could be a sign that the doctor is trying to avoid something or hide from fault.
6. You’re Pressured Into Signing a Document
Your doctor may openly and willingly admit that he made a mistake. And you better believe that any doctor who apologizes for a mistake is guilty. Terms like “sorry” and “I messed up” aren’t thrown around lightly in this industry.
If your doctor admits to making a mistake, he may try to pressure you into signing a document that releases liability or provides you with some sort of minor recompense. Don’t sign any such document! Consult with an attorney on how to proceed.
Pursuing Legal Recourse
If you believe you’re the victim of medical malpractice, you have every right to pursue a claim against the doctor and care facility that treated you. For best results, contact experienced medical malpractice lawyers who can help you gather evidence and file a claim in the correct and appropriate manner. Not only do you deserve justice, but you also have a duty to hold the negligent party responsible for their negligence. In doing so, you could save someone else from going through a similar experience.
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