3 Ways to Know If You Have a Medical Malpractice Case

Just like anybody else, medical providers can sometimes make a mistake on the job - but sometimes, even a small mistake can have devastating effects on the patient. Thankfully, the majority of medical professionals are careful and conscientious, and most mistakes are minor, easily corrected, and do not lead to any harm. However, a major error or a combination of smaller mistakes that were not picked up quickly enough can be far more serious.

If you have come to harm that should never have happened during medical treatment for any reason, then you may have a case for medical malpractice. In order to prove a case of medical malpractice, an attorney will need to prove that the medical provider had a duty of care to the patient that was not upheld, which caused actual harm to the patient as a result.

Typically, these are signs that medical malpractice has occurred:

Lack of informed consent:

It is quite standard for many medical procedures to come with a certain amount of risk, or potential complications or side effects. However, before administering any treatment or medication, a medical provider must first ensure that they have fully explained the risks and benefits to the patient so that they know exactly what to expect and what could potentially happen. The patient should be fully informed of any possible complications or side effects and how to handle them before they are given the treatment.

Lack of informed consent occurs when a doctor or other healthcare professional performs a treatment that the patient did not agree to, or failed to provide the patient with adequate information beforehand. You may have a medical malpractice case if you have had a treatment that you would have otherwise declined had you been given the chance to, or given all the information beforehand.

Unusual consequences:

It is essential for doctors and other healthcare providers to explain foreseeable risks and complications to the patient - they do not have to explain highly unusual risks or consequences to the patient. If you have experienced a highly unusual outcome after receiving medical treatment, then this could mean that a mistake has occurred.

For example, if you’ve had a simple, routine surgery and sometime later begin to suffer severe pain, this is not a usual consequence of the procedure and is not expected. It could be the result of a grave mistake - like leaving surgical sponges behind or failing to perform the surgery correctly.

Another example is if you are prescribed a medication that contains an ingredient you are allergic to because the doctor has failed to check your allergy history.

If you’re not sure whether or not you do have a medical malpractice case, describe your situation to an experienced medical malpractice lawyer in Allentown PA who will be able to advise you on the best action to take.

A mistake is admitted:

This is the easiest way to tell that you certainly have a medical malpractice case on your hands. The Communication and Optimal Resolution (CANDOR) program was developed by the Agency for Healthcare Research and Quality in order to enable hospitals and medical providers to address errors. It states that medical providers must be honest with patients when a medical error has occurred, apologize, offer compensation, conduct an investigation and keep patients updated about the investigation process.

You may have been told that an error occurred by a healthcare provider who follows these principles. However, this is not true in every case as some hospitals and healthcare providers are reluctant to admit that they or one of their employees have made a mistake.

Regardless of whether you have been told a mistake was made or you suspect that one was, the best thing to do is speak to a personal injury attorney who can help.

This article does not necessarily reflect the opinions of the editors or management of EconoTimes.