We all have to visit a doctor or go to a healthcare facility at different points in our lives. And
when we do, we trust that the doctors, nurses, and other medical staff are going to do their best
to care for us.
And for the most part, they do. But then there are other times when these medical professionals
fail at this. Their negligence or incompetent actions can leave patients seriously injured or even
lead to death.
When you or a loved one falls victim to medical malpractice, you will need expert help. The
Medical Malpractice Lawyers at our law firm are dedicated to ensuring you receive the financial
compensation you deserve.
How Do You Define Medical Malpractice?
The term medical malpractice refers to incidents where healthcare professionals fail to perform
their roles competently, and their actions lead to bodily harm to their patients.
An example might be doctors who incorrectly diagnose the patient or surgeons who did not
properly sterilize their equipment or who left surgical instruments inside of the patient.
A medical malpractice accident is unsettling when you know it happens right away, but sadly,
many times, these mistakes can go undetected. When this happens, the issue can become
much worse and even life-threatening.
How to Recognize the Symptoms of Medical Malpractice
If you or a loved one is unsure if they are a victim of medical malpractice, there are some key
warning signs to be on the lookout for. Of course, sometimes it can still be difficult to tell, but
watch out for these signs to start with.
● The health care provider refuses to provide an explanation when your condition
worsens, or you have negative side effects following treatment.
● Your symptoms keep getting worse even while on treatment.
● Your overall condition worsens because your doctor is not providing treatment.
● The physician takes too long to make and diagnose or start treatment.
● New or strange symptoms start to appear after treatment.
If you notice any of these warning signs, it is time to contact our law firm. Negligent behavior
from your medical team can cause irreversible damage to your body.
Informed Consent is Your Right
Healthcare professionals are required to provide patients with what is known as informed
consent. This process allows patients to make medical decisions after being provided with as
much information as possible.
This is a legal requirement before any medical procedure or treatment is started. While the
exact legal definition of informed consent can vary a little from state to state, the main principles
remain the same. Healthcare providers must notify patients of any risks with treatment, the
benefits of the treatment, if there are alternative treatments available, or any other vital
information about the treatment.
Typically, most surgical procedures require signed consent from the patient or the person with
medical guardianship before the procedure can begin.
So, if you agree to a procedure and something goes wrong that was covered within the informed
consent process, suing may be difficult for you. However, if the doctor is negligible, you will
likely have a better case.
What Are the Different Types of Medical Malpractice Cases?
It can be difficult to identify if you or your loved one have been the victim of medical malpractice.
But it might be easier for you to understand if you had a better idea of what to look for and what
the cases are called.
With that in mind, the most frequent cases of medical malpractice to be on the lookout for are.
This can be one of the most difficult to spot because it is hard to tell if a misdiagnosis was
caused by negligence.
However, a misdiagnosis can be extremely dangerous, if not outright fatal. Unfortunately,
misdiagnosed medical conditions are all too common, and some professional estimates say one
in five patients are victims of misdiagnosis.
Some of the most common misdiagnosed medical conditions include heart disease, infections,
and other chronic illnesses. Illnesses like these tend to have broad, non-specific symptoms and
can present differently from one patient to another.
Errors in the Operating Room
Unfortunately, negligence during surgical procedures can be all too common and dangerous.
Some of the more frequent surgical errors include:
● Performing surgery on the wrong patient
● Performing surgery on the wrong part of the body
● Leaving a foreign object like a surgical instrument in the patient
● Not performing the right operation
● Not fully completing the operation
● Improper administration of anesthesia or other medication
● Not properly monitoring the patient during surgery
● Injuring veins or organs
The thought that something might go wrong during surgery is terrifying. Unfortunately, it does
happen with regularity and can cause some long-term side effects. If this happens to you, you
need to seek legal assistance.
Physicians are often all too eager to prescribe medication. Sometimes, the medication they
prescribe does not actually help the patient. Patients can then become addicted to the meds.
Other times, doctors fail to consider the different medications their patient is taking and
prescribe something that has a nasty or even fatal drug interaction.
Healthcare providers neglectful prescribing of medications is a significant cause of medical
Gender Bias Medical Malpractice
The medical field and most of the knowledge we have comes from the study of the male
anatomy. Female anatomy is still largely misunderstood, and many healthcare professionals
have an unconscious gender bias. This means women’s symptoms are often ignored, and
illnesses are misdiagnosed or improperly treated.
What Damages Are Victims of Medical Malpractice Entitled To?
If you are looking to file a medical malpractice suit, you might be eligible to receive the following
● Past, present, and future medical expenses related to your injuries.
● Lost wages if your medical injuries prevent you from earning a living.
● Pain and suffering caused by your healthcare provider.
● Disability if the accident has left you temporarily or permanently disabled.
● Loss of enjoyment of life if your injuries can be proven to lower your quality of living.
● Scarring or disfigurement damages if your doctor left you with permanent scarring or
Our legal experts at our law firm can help you decide which damages you should sue for.
Common Frequently Asked Questions Regarding Medical Malpractice
Who Can Be Held Liable in a Medical Malpractice Case?
You can hold any member of the medical team or administration who was responsible for your
injuries liable. This includes but is not limited to the doctors, nurses, surgeons, dentists,
pharmacists, chiropractors, medical facilities, acupuncturists, osteopaths, and other healthcare
Can I Still Sue for Medical Malpractice If I Signed a Waiver Before Treatment?
You can, in fact, often still sue for Medical Malpractice even though you signed a waiver ahead
of time. Waivers are designed to help provide patients with informed consent and provide legal
protection to the medical team for doing their jobs. However, these waivers do not mean doctors
get to be negligible without consequences.
How Big of a Problem Is Medical Malpractice?
Johns Hopkins patient safety experts have estimated that as many as 250,000 United States
Citizens die yearly as a result of medical malpractice. This does not account for other injuries
that result from Medical Malpractice accidents. Alarmingly, at the time this study was published, the amount of deaths from medical mistake surpassed the then third leading cause of death in
the United States by 100,000 people!