The unfortunate reality is that doctors are not perfect, and because they are human, they can and will make mistakes from time to time. In many cases, these are accidental mistakes, but some people are harmed by the intentional actions of a doctor. If you have been negatively impacted by improper care or a wrong diagnosis by a medical professional by accident or on purpose, you may wonder if you have a medical practice case. Consulting with medical malpractice lawyers is a great first step to take to learn more about the strength of your case and the benefits associated with pursuing the matter in court. However, before you contact an attorney that specializes in this area of the law, it is wise to learn more about what a medical malpractice case actually is.
1. The Actions of the Doctor
One of the first things your medical malpractice attorneys may ask you about during a consultation is what were the actions of the doctor that resulted in the perceived malpractice. Did the doctor misdiagnose you, complete a surgery on the wrong body part, issue the wrong medicine or complete some other action that was against common practice? There is an acceptable level of care that doctors are typically expected to provide, and the actions of the doctor may have fallen below that acceptable level. if so, you may have a case worth pursing. However, other factors must also be present.
2. The Relationship Between Doctor and Patient
Some people think that they have a malpractice case when a friend or even a family member who is a doctor issues an off-the-cuff recommendation regarding the care of the individual. However, there must be an established doctor-patient relationship in place in order to win a medical malpractice case. This can typically be proven by obtaining medical records from the doctor’s office.
3. If There Was Quantifiable Harm
A final and important factor that must be in place is quantifiable harm. In most cases, quantifiable harm involves a worsening of symptoms. However, it may also involve unnecessary medical expenses or other factors. If your doctor’s actions harmed you in a quantifiable way, you may have a medical malpractice case worth pursuing in the court.
Most medical malpractice attorneys will provide new clients with an initial consultation, and some may even consult with you free of charge. Through an initial consultation, you can learn more about if you have a case and the strength of your case. Because the experience level and the area of expertise with different case types varies, it may be helpful to consult with several medical malpractice attorneys before you decide to move forward with your case. If you would like more information, Bogoroch & Associates LLP has additional resources available.