How to Determine Whether or Not You Have a Medical Malpractice Case
While medical malpractice cases happen rather frequently, they are more difficult to identify than one might think. The field of healthcare is incredibly complex, and what may be unfair in some situations, does not mean you have a case on your hands. Below are some signs that you might have a medical malpractice case.
Did You Have A Poor Outcome?
Due to the human body being so complicated, poor outcomes happen. Unfortunately, they happen all the time. A poor outcome does not necessarily mean malpractice. In fact, in most cases, it does not. It is important to understand what clear malpractice looks like.
What Makes a Definite Medical Malpractice Case?
1) Lack of Consent
Informed consent is one of the most important steps in any healthcare treatment. A patient should always offer consent before any medical treatment is delivered. While this is not always possible in extreme situations, it is vitally important to protect the hospital. You might have a medical malpractice case if you received treatment without providing informed consent.
2) Failure to Inform
Informed consent involves a healthcare provider explaining the common risks that are associated with treatment to their patients so that they know what might happen to them should they have a poor outcome. They are not always legally required to list unusual or unlikely risks that do not happen often. If you received a poor outcome and your physician failed to inform you of the risks, you may have a medical malpractice case.
3) Admission of Mistake
While many providers are coached not to ever say these words, if your provider admits to making a mistake during your treatment, you more than likely have a medical malpractice case in front of you. This is the best-case scenario for anyone pursuing a medical malpractice case.
4) Unusual Outcome
If your doctor informed you of all the risks associated with your treatment and you still displayed an unusual outcome, you may have a case. Unusual outcomes could be a result of a mistake made by your physician that they have not admitted to making. A personal injury lawyer can help you investigate your situation and determine if you have a medical malpractice case.
To learn more about medical malpractice and whether or not you have a case, you should consult with a personal injury lawyer. For a free consultation, click here.