Archive for July 2022

3 Signs That You Could Pursue a Medical Malpractice Suit and Win

Healthcare is a complicated system with many different moving parts. Unfortunately, this means that there is always the potential for something to go wrong. Medical malpractice can be defined as any action – or lack of action – on the part of a medical professional that results in injury to a patient.

If you or a loved one has been the victim of medical malpractice, you may be wondering if you have a case. Here are 3 signs that you should pursue a medical malpractice suit.

A Different Second Opinion 

One of the most common signs that something may have gone wrong is when you seek a second opinion and receive a completely different diagnosis than what you were originally given. This can be a sign that the first doctor misdiagnosed the condition. 

This is especially true if the second diagnosis makes more sense to you. For instance, let’s say you have a grandparent who has started to forget things more and more. If a first doctor diagnoses your grandparent with joint pain but a second doctor diagnoses them with debilitating dementia that will necessitate putting them in a memory care home, the second opinion is more likely to be correct.

Thus, a claim brought against the first doctor for failing to properly investigate the cause of your grandparent’s forgetfulness could succeed.

Error During Surgery 

If you have been injured during surgery due to the negligence of a medical professional, you may have a case for medical malpractice. 

For instance, if you go in for surgery and the surgeon leaves a sponge or other item inside of you, causing you to develop signs and symptoms and injuries different from your original medical issue, you will likely have a case. 

This is because it is the responsibility of the surgeon to make sure that all items are accounted for before stitching you up. 

So, to win a negligence claim like this, you will need to show that the surgeon owed you a duty of care, that duty was breached, and you were injured as a direct result. 

Lack of Informed Consent 

Informed consent is when a patient is made aware of all potential risks, benefits, and alternatives to a proposed treatment and still agrees to go ahead with it. 

If a doctor does not obtain informed consent before performing a procedure, they may be guilty of medical malpractice. 

For instance, if you go in for routine surgery and the surgeon tells you that there are potential risks but fails to mention that one of those risks is death, they have not obtained proper informed consent. If you die as a result of the surgery, you may have a case for medical malpractice. 

To win a case for lack of informed consent, you will need to show that:

  • The doctor did not obtain your informed consent before performing the procedure. 
  • You would not have consented to the procedure if you had been made aware of all potential risks. 
  • You were injured as a direct result of the procedure.

If you or a loved one has been injured due to the negligence of a medical professional, you may have a case for medical malpractice. Contact an experienced attorney today to discuss your case and find out what your legal options are.