If you have been treated for an illness or injury, then you expect to heal. However, this is not always the case. In some cases, your treatment may lead to other problems. If this happens, you may want to look into getting a medical malpractice lawyer. Several signs may lead you to looking into a lawyer for your medical malpractice case.
1. Death Due to Mistreatment
Image via Flickr by Mark Hillary
One of the most obvious cases you may look for a lawyer to help is the death of a family member or other loved one. Of course, sometimes death happens, especially if the loved one was already sick. However, if you suspect that there was a problem with their diagnosis or treatment, getting the advice of a malpractice lawyer can help put your mind at ease.
Death due to mistreatment can mean many things. Some examples include giving a patient the wrong medication, performing the wrong surgery, or simply ignoring a patient’s needs. Each of these is considered malpractice, and if you suspect that any of these have led to death of someone you love, you should contact a lawyer immediately. There is no need to wait to ensure you have a case because that is what the lawyer does.
2. Errors During Surgery
Many problems can arise during a surgery. A few complications include tools not being sterilized properly, and patients getting the wrong surgery. Many times no one realizes it until it was too late. These are all cases where you should get a medical malpractice lawyer. Surgery is a big deal, and getting the wrong surgery can cause your initial problem to worsen. In addition, it can lead to complications in the surgery site. When tools aren’t sterilized, it can easily lead to infection and possibly even death. If you are put on the surgical table incorrectly, this can lead to other injuries, or even a fall during the surgery.
3. Neglect Due to Low Staff
Many hospitals today are understaffed. This is a problem that is plaguing areas all over the country. However, it is a problem not only for the hospital and staff, but for the patients as well. Because patients rely on the nurses, technicians, and doctors that are in the hospital, if the hospital is not properly staffed, this can lead to a number of problems. The majority of the time, low staff numbers lead to neglect of patients. While this isn’t true in every hospital, there are some things you should take into consideration.
First, if you are not getting your medication when you should, there is a problem. In addition, you need to have access to other necessary services as well. For example, if you need help walking it is crucial that you get that help. Another sign of neglect is if monitors go off without response, or if the nurse call button is pushed without response regularly.
4. Lack of Informed Consent
You will need to sign a form before your surgery stating that you understand the risks and are still going to go ahead with it. During this time, it is your doctor’s responsibility to explain the surgery to you. He should also make sure you understand the risks of the surgery and answer any questions you may have. If the surgery happens, and the doctor has failed to do this, it is considered lack of informed consent. This can lead to a reason for a medical malpractice case. You need to be able to prove that you were not give adequate information and that you would not have consented if you had known the risks involved.
5. Fault was Admitted
While this is not a cut and dry cause for a medical malpractice case, it is important to note that if your doctor or nurse admits that they made a mistake, you should talk to a lawyer. If this mistake caused injury or death, it is usually going to be considered medical malpractice. Keep in mind that in some cases, it may end up being a “he said, she said” situation. If this is the situation, having an experienced lawyer on your side will help you win your case. Remember, it is rare that a doctor will admit that they did something wrong in a surgery, diagnosis, or treatment.
6. New Symptoms Arise
You may have a case for medical malpractice if new symptoms arise. However, this is a difficult thing to measure. New symptoms that happen a year after a surgery, for example, may have nothing to do with the surgery. In addition, even new symptoms that occur nearly immediately don’t necessarily lead to a medical malpractice claim. Keep in mind the surgery that occurred, and when the new symptoms started. It’s important to keep track of these, as it can help your lawyer build your case. Some symptoms after a surgery may not be considered in a medical malpractice case, such as pain in the surgical area.
7. Later Diagnosis
One of the common types of medical malpractice is failure to diagnose. This is a difficult case, because you need to be able to prove that a diagnosis was either incorrect or did not happen. In addition to this, you need to show that a competent doctor would have been able to see the symptoms and diagnose the problem properly. An improper diagnosis can lead to more harm.
There are many reasons you may have to pursue a medical malpractice claim. As you are considering this course of action, make sure that you consult with a knowledgeable attorney. Having an attorney to help you in the case of medical malpractice will ensure that you get the information you need. A lawyer will also be able to talk with you to ensure that the case is valid. Not all surgeries and treatments go well, but they don’t all require a lawsuit, either.