Was My Injury Result of Medical Malpractice?
If you’ve been the victim of a medical mistake, you have experienced how damaging it can be to your life. You may be thinking you have a medical malpractice case on your hands, but before you start the lengthy lawsuit process, you must be sure your case qualifies as a malpractice lawsuit.
Medical Malpractice Case Examples
Some common medical malpractice injuries include:
- Surgical errors
- Prescription errors
- Mistakes harming pregnancy or childbirth
How Do I Know if my Case was Medical Malpractice?
For a case to be eligible for a medical malpractice lawsuit, the following must have been taking place at the time of the incident:
- a doctor-patient relationship must have been present
- The supply of care must have fell below the accepted medical standard of care (standard of care determined separately, on a case-by-case basis)
- There must have been a connection between the provider’s medical negligence and the patient’s harm
- The patient must have experienced quantifiable damages as a result of the malpractice
After it has been determined that the above characteristics exist in your case, you–or your attorney–must break down the incident even further. What was the expected standard of care? Did the care provider indeed have a breach in that standard of care? Was that breach the direct cause of your harm/damages? Are your damages able to be measured (quantified)?
It may be hard to define these answers and to determine if the medical provider was to blame for your medical harm. It’s suggested to consult a personal injury lawyer when going through this process.
If you still feel like all of these apply to your incident, you may have a medical malpractice case. Call your personal injury lawyer as soon as possible for assistance with seeking retribution for your damages.