By talking to a medical malpractice lawyer, you can get answers to questions such as:
- Do I have a valid claim?
- What is the time frame for filing a medical malpractice case?
- I didn’t know about my doctor’s mistake for years after I was treated. What should I do?
- I got medical treatment from another state. What should I do?
Types of medical malpractice
Determining whether your doctor’s mistake amounts to medical malpractice is very complicated. Let’s know about the types of medical Malpractice:
- Your doctor made an incorrect diagnosis
If your doctor has incorrectly diagnosed your medical condition, you have a case of misdiagnosis that counts as malpractice.
But not all misdiagnosis cases qualify as malpractice. Your case qualifies as malpractice if your doctor failed to do what other doctors would do in a similar situation and harmed you.
- Your doctor delayed diagnosis
Did your doctor initially make an incorrect diagnosis, but later provided the correct treatment and diagnosis? Did the delay in diagnosis lead to worsening of your condition?
For your delayed diagnosis case to qualify as malpractice, it is necessary that your doctor has assessed you less competently than other doctors. For example, he or she did not order the necessary test for a correct diagnosis or failed to see signs of disease on your CT scans.
- Your doctor failed to treat you
If your doctor made an accurate diagnosis but failed to provide adequate treatment, you might have a case of malpractice from failure to treat. It is necessary to prove that you suffered harm because your doctor was not diligent about treating you with the basic standard of care or failed to offer follow-up care, or neglected to refer you to a specialist.
- A surgical error has impacted your quality of life
If your doctor performed an incorrect procedure or unnecessary surgery, you have a malpractice case under surgical error. Being administered an incorrect amount of anesthesia, or medical equipment left in your body or the use of non-sterile surgical instruments could be other reasons.
- Birth injury malpractice case
A birth injury malpractice case is the most devastating for parents who are all set to welcome their bundle of joy. It occurs in many forms such as inadequate prenatal care, negligence during childbirth leading to birth injuries to mom or baby. Certain birth injuries require lifelong medical care.
- A faulty medical device harmed you
If a medical device implanted in you harmed you by not working as promised, you have a malpractice case. The device manufacturer is liable if the defect was known or should have been known.
Medical malpractice examples are not limited to these cases. If you suspect that your doctor was negligent, you should immediately consult a medical malpractice lawyer and get the facts of your case examined.
What can you expect from a medical malpractice lawyer?
It is difficult to prove negligence and the liability of the doctor or medical device manufacturer in medical malpractice cases. The medical malpractice lawyer helps you prove that:
- You were a patient of the doctor you want to sue, and the doctor had a duty of care towards you.
- The doctor was negligent while providing treatment to you.
- The doctor breached the established medical standards of care, which you could have received under similar circumstances from another doctor.
- You incurred actual serious injuries or damages due to your doctor’s breach of duty.
To do this, the medical malpractice lawyer conduct research, and takes depositions of medical experts, and others relevant to the case. He or she gathers and analyses medical records. Also, develops case theories, reviews expert reports and retains expert witnesses. Accompanies you to independent medical examinations for objective evaluation of injuries sustained by you.