Healthcare practitioners can sometimes make mistakes while on the job, just like any other type of professionals. While these mistakes are usually minor errors that cause no actual harm, there are other instances in which healthcare providers make massive mistakes that can have devastating consequences to the patient. In other instances, patients can also experience harm through a series of minor errors. However, medical malpractice laws protect patients from the physical, financial, and emotional damages that stem from malpractice experiences.
If you find yourself wondering, ‘what is medical malpractice?’ or ‘do I have a case against my doctor?’ We have listed three sure signs that you have experienced medical malpractice and are legally entitled to file a lawsuit to claim compensation for your unfortunate experience.
Informed Consent Is Neglected
Most medical procedures and medications come with risks and benefits. However, suppose your doctor failed to fully explain all the risks and advantages to you before following through with a procedure or handed you prescription medication without explaining all the side effects and benefits. In that case, you may have a valid case for medical malpractice. What’s more, if your healthcare practitioner has performed a medical procedure without your consent, you also have a malpractice case. It is vital to provide consent while also knowing all the details of any procedures, treatments, or medications before following through.
Highly Unusual Outcome
Even though healthcare practitioners do have to explain all the foreseeable outcomes of a procedure or medication when informing a patient, highly unusual results can happen. If you have experienced an extraordinary procedure result, you can likely file a malpractice lawsuit as the adverse outcome is potentially the result of an error. Unexpected and extreme results could be in the form of immense pain following a surgery, inability to regain movement, and various other situations that should not stem from your procedure or treatment. The same applies to medication. If you have been prescribed medication that results in highly bizarre side effects that were not explained to you at the time of prescription, your doctor may have made a massive error.
You Are Informed Of A Mistake By A Healthcare Practitioner
In some cases, your doctor may confess to a mistake as soon as they have identified their error. While this is a moral obligation, you are still entitled to file a lawsuit. However, in other cases, you may have sought a second opinion from another healthcare practitioner who has informed you that a mistake may have been made regarding your diagnosis, a previous procedure, or your prescription medications. In this case, you can file a lawsuit against the healthcare provider that is behind the fault while using your second opinion as supporting evidence.
Filing a lawsuit for medical malpractice can be daunting, although you are legally entitled to recover damages. In most malpractice cases, you can include pain and suffering as damage because a misdiagnosis, extraordinary outcome, or confession of guilt can have massive emotional distress consequences for the patient. However, it is wise to find a lawyer that is suitable for the case before seeking compensation.
