How can you tell if you should consult a medical malpractice attorney in Mobile like Jackson & Foster Law? Taking legal action against healthcare providers has its challenges, particularly if your claim doesn’t meet basic legal standards. This guide offers some insight into how to know if you have a medical malpractice case.
Common Reasons Why People File Medical Malpractice Lawsuits
Healthcare professionals may make mistakes on occasion, which can have a major impact on their patients. Negligent medical treatment is at the center of medical malpractice lawsuits for affected patients seeking financial damages, such as lost wages or medical expenses. Common issues these cases may focus on include:
- Misdiagnosis or delayed diagnosis
- Surgical errors
- Infections after treatment
- Inadequate monitoring
If you or a loved one has been subject to malpractice, you may have the grounds to pursue legal action. Consult an experienced personal injury lawyer to explore your options.
Key Elements Lawyers May Look for in a Medical Malpractice Case
When you explain your situation to a legal professional, they may focus on four essential components to determine whether you have the grounds to sue your healthcare provider. Each case should be evaluated on its own facts, but here are a few things lawyers may look for during the evaluation:
- A duty of care: As a patient, the providers treating you have a duty of care.
- A breach of standard of care: A doctor or healthcare provider could breach their duty of care if they act differently than other similarly situated medical providers would in the same situation. For example, if a doctor misses a diagnosis because they don’t order the appropriate tests and those in the field agree they should have, it could qualify as a breach of duty.
- Negligence caused the patient harm: Lawyers look for causation in malpractice cases. Victims may need to establish that a provider’s negligence harmed them either physically or emotionally.
- Sustained damages: Victims must incur damages from a healthcare professional’s negligent actions, such as medical expenses or lost wages.
How do these criteria come together to create a valid case? For example, consider a patient who visits their primary care physician with concerns about a growing lump on their body. The doctor tells the patient it’s likely fatty tissue and doesn’t order diagnostic tests or schedule follow-up visits to monitor any changes. If the lump ends up being a cancerous mass requiring extensive treatment, the patient may be able to file a lawsuit against their primary care physician.
In this case, the doctor may have owed their patient a duty of care and may have breached it by not following the diagnostic steps that a competent provider in a similar situation might have taken. This negligence impacts the patient’s health, and they may sustain measurable damages by undergoing further medical treatment.
The Importance of Patient Injury Evidence in Medical Malpractice Cases
An attorney practicing in this area of law may be able to explain how to know if you have a medical malpractice case. They may also review evidence that supports your claim and compile it to strengthen your case. Potential evidence used in malpractice suits includes:
- Medical records: Patient records may document their health conditions, symptoms, and treatment from healthcare providers. They may include lab tests, diagnostic scans, and more.
- Professional testimony: Industry professionals can weigh in on the case and share whether they’d act in the same way as the defendant or take a different approach to their duty of care.
- Witness statements: Statements from clinical staff, a patient’s loved ones, or other eyewitnesses could support the patient’s claim.
- Medical bills: Hospital bills and other healthcare expenses related to a provider’s negligence may be helpful for determining damages in this type of lawsuit.
Evidence is crucial for building a compelling case and demonstrating the extent of damages.
When Should You Consider Filing a Lawsuit Against a Healthcare Provider?
If you’re wondering how to know if you have a medical malpractice case, it’s important to discuss your situation with an experienced lawyer practicing in this area of law. Legal counsel can review your options and guide you through the process. Below are some scenarios that raise legal concerns regarding malpractice.
You Experience Complications After Treatment
Healthcare professionals usually warn patients of the risks that may occur with any course of treatment. If you endure a serious complication that was not expected, it could be due to a practitioner’s mistake.
Your Doctor Never Follows Up
As part of your doctor’s duty of care, they may need to follow up with you accordingly. What if you let them know that you’re experiencing new symptoms, and they don’t continue to monitor your condition? This could be seen as a breach of the standard of care and warrant legal action.
The Facility Is Understaffed
Negligent medical treatment could stem from an understaffed hospital or healthcare facility. If there aren’t enough providers to care for patients, they may unintentionally be negligent in their care.
Consult Jackson & Foster Law for Legal Advice Regarding Malpractice Lawsuits
Suing for medical malpractice can be complex. At Jackson & Foster Law, we may be able to help you navigate the process and review the details of your case to explore your legal options. Our experienced attorneys may be able to explain how to know if you have a medical malpractice case and recommend your next steps based on your unique circumstances.
Contact our firm online or call (251) 433-6699 to schedule a consultation.
