Medical malpractice cases are some of the most difficult to go through. They often involve an egregious injury or harm to someone who was in a vulnerable state. The patient-doctor relationship is sacred as there needs to be trust and faith. However, when a doctor does not behave correctly in the face of physical symptoms or evidence, the result may be long-term illness or even death. Check out these five signs that your doctor acted inappropriately while treating you, and that negligence resulted in your suffering.
- The Doctor Failed To Act Timely
Some of the most common medical mistakes hinge on whether or not a doctor made the right call. Whether it is during a surgical procedure, childbirth, or during the diagnostic stage, if a doctor missed something crucial to the health of the patient, it may rise to negligence. When weighing the pros and cons of a medical malpractice lawsuit, a patient must first get confirmation that the injury or harm qualifies. Some examples of this type of malpractice include:
- Failing to perform tests warranted by the patient’s complaints
- Holding off on starting treatment
- Refusing to render a diagnosis
- Making the wrong diagnosis
When a doctor does not act quickly, it can have detrimental side effects for the patient.
- The Mistake Was Harmful and Caused an Injury
Once it is established that the doctor made a mistake, a connection must be made to the resulting injury. For example, if a doctor does not diagnose an inner ear infection for weeks, then the permanent damage to the eardrum resulting in hearing loss is the injury. If a reasonable person can infer that the doctor’s oversight ended in the injury, the cause and effect relationship is established.
- Another Doctor Confirmed the Injury
Some patients decide to get another opinion on their condition. When that doctor confirms that there was an injury and that the first doctor should have caught it, the chances of having a successful malpractice case increase. When an expert in the same field disagrees with the way the doctor handled the patient, it goes a long way to show to a court that the first doctor should have to pay compensation to make up for the harm done to the patient.
- The Incident Happened Recently
State statutes differ when it comes to the time limit on filing a malpractice claim. Generally, as soon as you believe a doctor committed malpractice, you should file a lawsuit. The typical timeframe for filing a claim usually ranges from six months or two years after the injury. However, as a lawyer will further explain, there are exceptions to this. If a patient did not know there was malpractice by a doctor for longer, the time starts tolling from the day they found out. For example, if a patient has body aches and pains for years, and then finds out it was cancer, the statutory clock starts ticking on the day they found out their doctor made a mistake. When a lawyer gets involved, they can start asking questions of the doctor and even getting court reporting services to aid in taking depositions.
- There Is Proof of the Negligence
In some situations, it is easy to prove that a doctor was negligent. If a doctor covered up their wrongful actions pretty well, getting that proof will take some doing. However, there are usually experts in the same field who are called in to confirm that they would have reacted differently, thereby proving the hospital negligence cases. Sometimes the illness or injury is all the proof a court needs to prove negligence.
A doctor who acted negligently should be held accountable in court. Some injuries or illnesses may be slower to heal as a result. In the worst situations, a patient might die from the oversight. Whatever the case, seeking compensation is allowed and recommended to help make up for the oversight.
