Medical mistakes happen, but some errors have serious consequences that warrant legal action. Doctors are human, but that doesn’t mean they shouldn’t be held to high standards and given a free pass when their errors cause harm. But how do you know when you should take legal action and when to let something go? When does a mistake cross the line and become malpractice?
Knowing the difference between an honest mistake and malpractice isn’t always easy, but if you’re suffering because of someone else’s mistake, they should be held accountable. Millions of people file lawsuits every year to recover compensation for medical mistakes and hold providers accountable.
If you think you have a medical malpractice case, talk to an attorney right away.
What is medical malpractice?
Medical malpractice occurs when a healthcare provider causes harm to a patient by not upholding the standard of care. The harm can come from doing something wrong or a failure to act. While this is a general definition, it doesn’t mean that every unfavorable outcome is malpractice. The healthcare provider needs to act negligently for a situation to count as malpractice.
The four things you must prove in a medical malpractice case
Simply being harmed isn’t enough to establish a strong medical malpractice case. You need to check four legal boxes with your argument:
- Establish a duty of care. You’ll need to establish that the healthcare provider you’re suing had a legal duty to treat you according to the medical standards of care. This can be done with medical records or testimony from someone who can show you had a provider-patient relationship.
- Establish that the duty of care was breached. You’ll need to prove that your healthcare provider failed to meet their duty of care through errors, negligence, or omissions. This could be a prescription for the wrong drug, a misdiagnosis, or a lack of diagnosis.
- Establish causation. You’ll need to show proof that the breach of duty directly caused your injury or worsened your condition.
- Establish damages. Once you establish everything else, you’ll need to prove that you suffered measurable harm, be it physical, financial, or emotional. Without proving damages, you won’t win your case because damages are what will determine your compensation. For example, this individual was given medication that caused a stroke, but couldn’t prove lost income to make a lawsuit worthwhile.
7 Signs that you might have a medical malpractice case
The following signs can indicate that you have a case against your medical provider.
1. Your condition is worsening unexpectedly
If your health is worsening when it should be getting better, that’s a red flag. For example, if you complained to your doctor about symptoms getting worse and they brushed off your concerns, that could be malpractice. If your doctor delayed your treatment and you got worse in the meantime, that is a sign of potential negligence.
2. You were given the wrong medication or dose
Medication errors are common, but they can be deadly. If you were prescribed the wrong medication, given another patient’s medication, or given medication that is directly contraindicated with your known medical history, that could be grounds for a lawsuit.
Likewise, being given the wrong dosage or incorrect instructions can lead to an overdose or underdose that can cause serious complications.
3. You were misdiagnosed or not diagnosed
A delayed or incorrect medical diagnosis can cause serious harm. A misdiagnosis or absence of diagnosis can lead to incorrect treatment or no treatment at all, allowing your condition to worsen. Unfortunately, misdiagnosis is common. According to research, there are 15 conditions that account for half of the most severe misdiagnosis-related lawsuits.
4. The medical standard of care was ignored
Unfortunately, some medical practitioners cut corners. If your provider deviated from accepted practices compared to what other competent doctors would do, that’s likely a breach. This can include skipping important tests or failing to follow up on test results.
5. You were not told about all the risks
If a doctor didn’t inform you of known risks before a procedure or administering medication, they might be liable if you were harmed.
6. You were not told about alternatives
Sometimes procedures and medications are extremely risky, and if your doctor didn’t tell you about less invasive or safer options, that could be a breach of duty.
7. You got a second opinion that differs greatly
Sometimes you need a second opinion to identify malpractice. If you received a contradictory diagnosis or recommendation, it could be a sign that your initial practitioner made an error.
Recognize malpractice and pursue justice
Medical mistakes are scary, but when they count as malpractice, you have the right to take action. If you’ve experienced any of the red flags outlined in this article, contact an attorney immediately to protect your rights and get the compensation you deserve.