Medically Wronged: Thing To Consider Legally When Dealing With It

Whenever you seek medical advice from doctors, you are placing your trust in them. They are obligated to provide us with the right diagnosis and give us the appropriate treatment based on said diagnosis. The possibility of becoming a victim of medical malpractice has probably never crossed your mind.

Sadly, around 225,000 patients die every year due to medical malpractice. 2% of the victims file claims against the negligent medical professional or hospital. If you are a victim of medical malpractice, you have the right to file a complaint against the people responsible for your condition. If you’re looking to file a medical malpractice case, perhaps lawyers here can be of assistance.

Medical Malpractice Signs

patient-in-critical-conditionAs a patient, you deserve to receive the quality of treatment expected from medical professionals. Medical professionals may include the hospital staff nurses and doctors. Trusting your doctor is expected, which is why medical malpractice is inexcusable.

Just to ensure you are in safe hands, you can watch out for these signs:

  • Your medical condition did not improve despite prescribed medicine. Your doctor must give you proper medication to help your recovery from your health problem. However, if you did not improve, it can be a sign of misdiagnosis. As a patient, you must also ensure that:
  • You visit your doctor regularly or as instructed.
  • You are taking your medication religiously as your doctor prescribed.
  • You consult with your doctor when needed.
  • You are aware of the long-term effects of your condition.
  • You were diagnosed based on symptoms, not the diagnostic test results. Basing your diagnosis on your symptoms may be a red flag for medical malpractice. Your doctor must run diagnostic tests and analyze the results before he or she gives the reason behind your symptoms. In addition, your doctor should also consider your medical history.
  • Your doctor does not discuss your condition with you. If there are instances when your doctor cannot provide the information you need, it could be a hint of medical malpractice. He or she should be able to give you accurate information about what you are experiencing. Avoiding questions related to your health problem may indicate negligence on their part.
  • Your treatment and diagnosis do not match. Your doctor should exercise care when treating his or her patients, which is why it is essential to prescribe medication with care. Your prescription must match with your condition. If your treatment does not support your medical problem, there may be a mistake on the part of the medical practitioner. The mismatch in the treatment and the health problem can be a sign of negligence or failure to prescribe the right medication.

When you have proof that your doctor misdiagnosed you, you need to act right away. Seek appropriate legal counsel from an experienced lawyer and ask how you could protect yourself from the damages due to medical malpractice.

Examples of Medical Malpractice Cases
Many medical cases happen today. However, these are some of the most common ones:


  • Medication errors. Giving the wrong medicine to a patient may lead to medical malpractice. When the doctor fails to read that his or her patient had hypertension and prescribed medication containing non-steroidal anti-inflammatory drugs (NSAIDs) for the patient’s colds and flu, it could be a ground for medical malpractice.
  • Anesthesia errors. When a pregnant woman was left paralyzed after a mistake in the anesthesiologist’s epidural procedure, it could be medical malpractice. Giving the wrong anesthesia dosage to a patient that results in brain damage or death is also an example of medical malpractice.
  • Childbirth errors. When an OB-GYN fails to conduct a C-Section on time, which resulted in severe injuries or death on the infant, it may be medical malpractice.
  • Misdiagnosis. Doctors who fail to diagnose a patient accurately, which led to the patient’s lack of treatment and eventual death is an example of possible medical malpractice.

Negligence is the number one reason behind medical malpractice. When patients put their confidence in their doctors’ skills, the doctors must return the gesture through exercising their responsibility to provide utmost care. Sadly, some medical practitioners fail to fulfill their duties, which results in medical malpractice.

Legal Things to Consider for Victims of Medical Malpractice

hospital-staff-doctor-reviewIf you plan on filing a medical malpractice claim, you should consider these legal steps:

1.Consult with a lawyer immediately. Filing a medical malpractice claim requires you to be fast. Therefore, you must speak with your attorney directly. Your lawyer should:
a) Have the necessary experience in medical malpractice cases.
b) Offer advice on how to tackle your case.
c) Prepare the legal documents needed for your claim.
d) Protect your interest above all.
e) Work with other lawyers to expedite your case.

2.Take note of the medical professionals who attended to you. Make a list of all the nurses, hospital staff and doctors who attended to you. They may provide vital information when you make your claim. They will also be the possible plaintiffs in your case.

3.Prepare the necessary documents for filing. Documentation is crucial when it comes to winning legal claims. These papers serve as supporting evidence for your argument. Documents related to a medical malpractice claim include:

a) Diagnostic test results
b) Doctor’s prescription
c) List of concerned personnel
d) Medical records
e) Medical bills and receipts
f) Photographs of your current medical condition

4) Do not accept any settlement without your lawyer’s knowledge. The other party’s insurance company, legal team or hospital representatives may want to speak with your directly. However, you should avoid talking to them without your lawyer. They may offer you a substantial amount of money or ask you to settle, but you should always do what your lawyer advises you.

During the filing process, you must relay everything to your attorney. Avoid making any decisions on your own. Unlike a car accident or drunk driving accident case, a medical malpractice lawsuit may be harder to prove.

Dianna CharlesAuthor- Dianna Charles

Dianna Charles is a promising young law enthusiast that hopes to bring her youthful spirit in her field. She tries to add a refreshing modern take to topics on the legal world that people can learn from. Dianna enjoys her free time with friends and family, and loves to cook for them.