How Do I Know I have a Case
ROB LEVINE, MEDICAL MALPRACTICE LAWYER
VICTIM OF MEDICAL MALPRACTICE? GET AN ATTORNEY
As a patient, if a medical professional neglected to meet the standard care expectations, you may have experienced medical malpractice. Negligence in the medical field is important to recognize as it can often have lasting side effects. Know your rights as a patient and understand the process of filing a lawsuit to obtain the justice you deserve.
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WHAT IS MEDICAL MALPRACTICE?
Medical malpractice occurs when a medical professional fails to meet the standards set in place for the expectation of patient care, also known as “deviating from the standard of care”. This can be committed by any medical professional that has established a relationship with the patient including emergency medical services, nurses, doctors, physician assistants, dentists, and pharmacists. There must be proof that the patient has suffered some harm, injury, or death.
THE PROCESS OF FILING A MEDICAL MALPRACTICE CASE
Medical malpractice is a multi-step process but can be broken down into the following components:
A doctor-patient relationship existed. This means that you hired the doctor and the doctor agreed to be hired.
There was a violation of standard care. There are medical standards established by the law. If said standards are not met by the doctor, it can be considered as negligence.
An injury was caused by negligence. There must be proof that the doctor’s negligence resulted in an injury. Often, it is difficult to prove that the injury was a direct result of negligence because most patients already have a preexisting medical condition. Medical experts are helpful in this step of the process, as they are better suited to claim whether the patient’s injury was a result of negligence.
The injury led to specific damages. The patient must provide proof that they have suffered as a direct result of negligence. This suffering can occur in the form of physical pain, mental anguish, loss of income, or significant medical expenses.
MEDICAL MALPRACTICE CASE REQUIREMENTS
It is important to recognize and adhere to all requirements when it comes to filing a medical malpractice claim.
Keep in mind the following:
Medical malpractice cases should be brought up sooner rather than later. Some states have specific requirements (also known as the “statute of limitations”) when it comes to the timing of medical malpractice cases. Most states require medical malpractice cases to be filed within 6 months to 2 years after the incident.
Some states require medical malpractice review panels. There is a panel of medical experts that will listen to arguments, review evidence, and provide expertise on the case before it makes its way to court. This panel does not have the final say in the matter, but the court does take it into account when making their decision.
Expert testimony is required at trial. This expert is a medical professional familiar in the field that the negligence took place who provides testimony regarding the incident.
COMMON EXAMPLES OF MEDICAL MALPRACTICE
- Failure to diagnose
- Failure to order proper testing
- Lost or misread test results
- Improper medication or dosage
- Surgical errors
- Failure to recognize and follow-up on common symptoms
- Premature discharge
- Failure to obtain proper patient information and/or history
Medical Malpractice Case
- Access information regarding your case that is accurate, easy to understand, and in your language.
- Access any assistance you may need to understand your medical information.
- Be involved in decisions regarding your medical treatment.
- Receive respectful care from any medical professional.
- Confidentiality regarding your medical care and treatments.
- Read and copy your medical records to ensure accuracy.
- File a complaint against any medical staff who treats you.