Medical malpractice is an umbrella term that includes misdiagnosis, errors, and other forms of egregious harm done to patients by medical professionals. While the most notorious cases of medical malpractice seem obvious even to laypeople, it’s important to realize that medical malpractice exists in more mundane forms as well.
What exactly does medical malpractice look like? And how can you take action?
What to Do If You Suspect Malpractice
Let’s start with the actionable information. What should you do if you suspect medical malpractice?
Get a second opinion.
In many cases, the best place to start is with a second opinion. If you believe you haven’t been diagnosed accurately, or if you feel you aren’t getting the medical attention you need, another doctor or medical professional can help you examine those intuitions and determine, objectively, what’s going on with your health. If a second professional concurs, that doesn’t necessarily rule out the possibility of malpractice, but if a professional contradicts your initial interactions, it’s a possible sign that malpractice could be in play.
Talk to a lawyer.
Medical malpractice attorneys are seasoned experts who can help you navigate the difficult terrain of filing medical malpractice lawsuits.
They know the ins and outs of medical malpractice law, and they can help you determine whether it makes sense to move forward with real action. If the attorneys take on your case, they can guide you through the next steps of the process and represent you in negotiations. In the rare circumstance that the case goes to trial, they can represent you there as well.
Gather evidence.
Finally, consider starting to gather evidence. Take note of what you were told, prescribed, or instructed. Document any injuries or symptoms that you’ve been experiencing. Your lawyer can guide you further in this area.
Types of Medical Malpractice
What exactly counts as medical malpractice? In other words, what does medical malpractice look like and how can you know it when you see it?
Generally, medical malpractice has three requirements:
A doctor-patient relationship.
First, there needs to be a genuine medical relationship in place. In other words, you can’t sue your layman neighbor because they told you your rash was nothing to worry about.
It’s not just doctors or surgeons that can be sued for medical malpractice, however.
Action or inaction by a medical professional that fell below a medical standard.
Second, the medical professional in question must have taken an action, or omitted an action falling below a generally accepted medical standard. In other words, medical professionals have a duty to do everything reasonable for your care; if they violate this, they have fulfilled this requirement of medical malpractice.
A resulting injury to the patient.
It must also be demonstrated that the action or inaction caused an injury to the patient. For example, you must prove that a surgical error led to further injury and/or pain and suffering.
These are just a few examples of medical malpractice.
Misdiagnosis.
Sometimes, medical professionals misdiagnose something you are experiencing. This can lead to lack of intervention, or inappropriate intervention, which can ultimately make things worse.
Lack of diagnosis.
Similarly, a medical professional may fail to diagnose you with an ailment or condition, leading to injury or lack of recovery.
Surgical errors.
Other times, medical malpractice occurs as a result of irresponsible action.
For example, a surgeon may commit an error that leads to serious injury or even death.
Birth injuries.
Approximately 7 out of every 1,000 babies suffer a birth injury. This is a relatively low rate of occurrence, but it’s always a tragedy and often needs to be more closely inspected for the sake of justice.
Prescription errors.
Prescription errors also count as medical malpractice. If you’re given the wrong medication, or if you’re given a medication that problematically interacts with another medication, the prescriber may be responsible for damages.
Anesthesia errors.
Also, anesthesia errors can be legally compensable through medical malpractice.
If you wake up during surgery or experience the effects of excessive anesthesia, you can hold your medical professionals legally responsible.
What Medical Malpractice Cases Look Like
If you end up following through with a medical malpractice case, you’ll likely enter negotiations with the insurance company responsible for representing the doctor or medical professional responsible for the malpractice. During discovery, both parties will attempt to gather information about the case. In most cases, both parties reach a mutually agreeable settlement amount. However, if they can’t, the case will move to trial.
This process can take many weeks to many months, and sometimes years for complex cases. It can be stressful, painful, and isolating. Choose a good lawyer, trust their advice, and get support from people you know and love to get through these challenging times.