There’s no doubt that being a doctor is a difficult and complex job, but just like any other professions, they have to take responsibility for their mistakes. Medical malpractice and misdiagnosis can range from mild inconvenience to deadly and it happens more often than people think.
You’ve heard horror stories of doctor’s leaving medical tools in patients’ bodies, but medical malpractice doesn’t just happen on the operating table. It happens in exam rooms and testing facilities every day and you have the right to get justice for their mistakes.
We trust our doctors. When they diagnose you with an illness, you take their word for it, but that’s not always a good idea.
Common Methods of Malpractice and Misdiagnosis
Malpractice can happen in almost all situations involving the doctor. The most common malpractice lawsuits from obstetrician-gynecologists as both the mother and the baby can be a victim.
Misdiagnoses of illnesses or not being diagnosed are also common malpractice issues. Many diseases can have obscure symptoms or symptoms that mimic other issues. If the doctor diagnoses an illness, but wither ignores or doesn’t notice other issues, then it may be malpractice.
Doctors or pharmacists may accidentally prescribe or provide the wrong medication or in incorrect dosage. They may also not properly inform you of side effects, which can lead to further health problems.
There are also malpractice claims caused by surgical and anesthetic errors.
What Constitutes a Malpractice Claim?
You must first have a working relationship with the doctor. Basically, prove that the doctor or laboratory did work for you and you were charged for that work. You can’t sue because of advice given by a doctor on the golf course during idle conversation.
You then have to show the doctor or laboratory did something negligent that caused you distress. If another doctor saw the same results or performed the same tests, then they would have concluded a different diagnosis or they would have performed the surgery differently.
The negligent act did some type of damage or causes negative circumstances such as physical or mental pain and anguish, lost work and extra medical bills. For example, if a doctor was negligent during surgery, then it caused you pain or caused to you to stay longer in the hospital creating additional medical bills and loss of work time.
Special Malpractice Caveats
Many states limit the amount of money you get from medical malpractice suits, but each state is different. There is also a time limit on when you can file the lawsuit called the statute of limitations. Depending on the state and the issues, it can be as little as six months to two years.
Also, keep in mind that expert testimony will be required to prove malpractice and to illustrate shy a different decision should have been made. There may also be a malpractice review panel that examines the case prior to going to court.
You Deserve Justice for Your Problems
If you’ve received a misdiagnosis or are a victim of doctor negligence, then you deserve justice and compensation. Malpractice lawsuits are more common than you might think and there are lawyers ready to help you.
If you want to learn more about malpractice lawsuits or other personal injury law, then please explore our site.