If you have been injured or harmed by something that a medical professional did or did not do, you may be wondering if you have grounds for a medical malpractice case. It is important you understand that accidents happen though. Medical personnel are only human, even though it may seem they think otherwise. If, however, there was some sort of neglect on the professional's part, you have the right to expect compensation for your pain and suffering. To help you decide whether to contact a malpractice lawyer or not, here are a few things you need to consider.
There must have been an established medical relationship between you and the professional. This could be your primary care physician, a home health nurse, or even a nursing assistant in a hospital. The person must be working directly for you or for an establishment in which all parties understand that there is a medical relationship. In other words, you can't sue someone who gave you general advice, or answered a simple question while sitting next to you on an airplane. You cannot sue because you followed some advice you found on a website, even if the advice was from a medical doctor. However, if you use a website to contact a medical professional, and are paying them through the site, you may have a case.
While it would be a malpractice situation if the professional treated you while intoxicated, half asleep, or emotionally stressed, there are other situations that qualify too. There are standards set that medical personnel need to follow. Any time the standard or an allowed deviation is not kept and you are harmed, it is malpractice. If most other professionals would have treated you differently, the standard has not been met.
Misdiagnose/Failure to Diagnose
Some malpractice suits involve a misdiagnosis or a failure to find out what is wrong. It is important that you understand this is not always malpractice. Sometimes, your symptoms and test results lead the doctor to answers that are not correct. However, if other professionals look at everything and they all come up with a different diagnosis, you may have a case.
Malpractice is not always black and white. You may be wanting to sue because you are hurting and/or not happy with the way things turned out. No matter the situation, you should contact an experienced malpractice attorney and ask for a free consultation. It is best to know if you have a case or not before accusing the professional and causing trouble for nothing. Besides, if you do have a case, you are going to need legal representation. For more information, contact companies like Otorowski Morrow and Golden, PLLC.Share