When you seek medical treatment from a doctor, you expect a certain standard of care. In fact, doctors are responsible for providing treatment and care to the expected standards in their practice. If your doctor acts unreasonably and results in a serious injury or worsening illness, you could be the victim of malpractice. The following guide may help you determine if you have a case against your medical professional.
Did You Suffer Injury or Illness?
Mistakes do not always qualify as malpractice. Even if your doctor clearly acted negligently, if it did not harm you, then he or she is not guilty of malpractice and you may not be able to file a lawsuit. However, if you have medical bills, lost wages, or a substantial change to your lifestyle due to an illness or injury, then you may be a victim of malpractice.
Is Your Doctor Responsible for Your Injury or Illness?
When determining medical malpractice, you have to prove that the medical professional caused or worsened your condition. For example, if you suffer from an illness or disease that the doctor failed to catch, you could be awarded compensation. Often, when a doctor misdiagnoses or fails to diagnose a patient, it could worsen the condition because most illnesses have better outcomes when treated early.
However, just because you didn’t receive the correct diagnosis doesn’t mean medical malpractice. In medicine, nothing is guaranteed. Some illnesses, such as rare cancers can be difficult to diagnose, even when the doctor takes reasonable precautions and orders standard tests. Medical malpractice happens if the doctor was not as prudent as he or she should have been.
How Do You Know If Your Doctor Is Responsible?
Suppose you suffered damages because of a doctor’s mistake, then there is a chance that you have a malpractice case. Ultimately, a jury would have to decide whether the doctor was responsible for what happened. To determine the strength of your case, you should go to a lawyer as soon as possible. He or she will help you collect evidence and consult with experts to determine whether you have a strong case. If your case goes to trial, the jury will consider whether the doctor failed to meet the standard of care.
If you suspect that you could have been a victim of medical malpractice, consult with a medical malpractice lawyer as soon as possible. All lawsuits have a statute of limitations and you want to ensure that you are within the time limit to file the suit. A medical malpractice lawyer can help, build a case against your doctor for malpractice.