How Do I Know if I Have a Medical Malpractice Case?
June 1, 2021 Posted In Medical Malpractice
Medical malpractice happens when a patient is harmed by a doctor, nurse, or another medical professional who fails to perform their medical duties competently. To know whether you have a valid medical malpractice case, consider the following three elements required to prove a claim.
Three Questions that Determine Whether You Have a Medical Malpractice Case
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Was Your Medical Treatment Below A Standard Of Care?
In a Medical Malpractice case, the patient bears the burden of proving their healthcare provider violated the appropriate medical standard of care—by either doing or failing to do something that a fellow peer of the Defendant would not have done under the same circumstances. Simply being unhappy with your treatment or results does not qualify as medical malpractice.
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Was the Injury a Direct Result of the Medical Provider’s Substandard Care?
It must be proven that the injury would likely not have happened if not for the healthcare provider’s negligence. Since many patients are already injured or sick, there is often a question of whether the doctor caused harm due to negligence or if it was due to the patient’s pre-existing injury or illness.
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Was the Injury Severe?
The medical provider’s negligence must have caused you to suffer a severe injury or harm to pursue a medical malpractice claim. If no harm or injury occurs, you don’t have a claim. Severe harm can involve chronic pain and suffering, enduring hardship, a considerable loss of income, disfigurement, disability, wrongful death, etc.
If you answered yes to these three questions, speak to an experienced San Bernardino wrongful death attorney as soon as possible to discuss your legal options.
Common Types of Medical Malpractice Claims
The five most common medical errors that entitle patients to file a medical malpractice claim against a negligent healthcare provider are:
Misdiagnosis or Failure to Diagnose
Misdiagnosing or failing to diagnose a patient’s condition occurs when a health care provider cannot provide the patient with a correct diagnosis. This can happen when the patient’s symptoms are similar to another condition or the healthcare provider neglects to assess the patient properly.
Surgical Errors
Errors that are made during surgery can result in infections, health complications, and death. Medical malpractice claims based on surgical errors can result from a lack of proper planning before an operation or from the surgeon’s actions during the procedure. Common surgical errors include operating on the wrong body part or the wrong patient, leaving a foreign object inside a patient, or perforating a patient’s organs.
Medication Errors
A medication error occurs when a health care provider administers or prescribes a patient with an incorrect dosage or type of medication. Unfortunately, medication errors are common and often go unreported by patients.
Childbirth Injuries
Errors during prenatal care, childbirth, and the period after delivery can cause severe injuries to the mother and/or child. A few of these common medical errors include misdiagnosing or failing to diagnose medical conditions related to pregnancy, failing to diagnose ectopic pregnancies, failing to respond to fetal distress signs, or failing to perform a cesarean section when needed.
Contact a Riverside Medical Malpractice Attorney for Help
Suffering a medical malpractice injury can be devastating for patients and their loved ones. Our San Bernardino injury lawyers will not hesitate to help you receive the justice and compensation you deserve. Call (951) 688-0006 or contact us online for a free consultation today.