Medical malpractice cases are often complex and confusing cases for clients. Are you wondering if your case qualifies as a medical malpractice claim? Ask yourself these 6 questions to better understand the nature of your case. Whether you are deciding to contact a lawyer or just educating yourself on these types of claims, it is important to understand the qualities of these cases.
We cannot expect medical providers to never make mistakes. Most mistakes are minor and cause no real harm to the patient. However, when medical providers do make mistakes that are major, the consequences can be massive. This is why these cases are often handled legally when major errors are made. State requirements around malpractice cases vary, but below is a list of questions to ask yourself to determine if your case qualifies as medical malpractice. Always contact a medical malpractice attorney if you are unsure about your case. You can request a free consultation to discuss your claim.
How do I know if I have a medical malpractice claim?
1. Did the medical provider have a duty to care for the patient?
This first question establishes that there was a doctor and patient relationship. It is important to clarify the medical provider that is responsible and that they were responsible for the patient during the incident.
2. Did the medical provider break the standard of care?
This question clarifies that the doctor acted in a way that was not typical for similar medical providers. Often, experts are consulted and provide testimony for these cases.
3. Was the medical provider negligent? Did their negligence cause the injury or harm?
It must be proven that the doctor’s negligence was directly connected to the patient’s injury or harm that was caused. Types of harm that patients can sue for include physical pain, mental anguish, additional medical bills, lost work and lost earning capacity.
4. Was there a lack of informed consent?
Physicians are required to explain the risks and benefits of medical procedures. If a medical provider failed to do this and if they had, the patient would have declined or chosen an alternative procedure, this can be proof of the claim. A lack of informed consent could also mean that the doctor performed a procedure that was not agreed to.
5. Were there extraordinary consequences?
A highly uncommon outcome after a treatment or procedure may be a sign of an error. Especially for standard procedures that had low risks, this may be a reason to investigate for malpractice.
6. Did the healthcare provider inform you about a potential mistake?
CANDOR is a program that allows medical providers to address medical errors. Their procedure includes an apology, offering compensation, and conducting an investigation. With proper legal representation the patient may be more likely to receive a more generous compensation.
How to get a Medical Malpractice Attorney
If you are still unsure about your claim, contact a medical malpractice lawyer near you to schedule a consultation to discuss your case. The proper representation can help you navigate these complex cases. It is also important to be wary of timing. These cases must be handled soon after the injury. Depending on the state, timing can range from 6 months to a few years.
At the Law Offices of Mauro Fiore, Jr., we know how difficult it is dealing with the aftermath of another’s negligence, which is why we strongly urge you to seek help from a professional who is familiar in handling medical malpractice cases. Our team is committed to helping victims of medical malpractice cases and we will do whatever it takes to obtain the settlement you deserve for your losses. No one deserves to go through such a trying time alone and you deserve a clear explanation. Call today for a free consultation with a medical malpractice attorney in Los Angeles.