Medical malpractice occurs when a medical professional is negligent in some way or deviates from basic standards of care in a way that harms a patient. While medical malpractice is sometimes clearly evident, this isn’t always the case. In fact, it’s more likely that the signs of medical malpractice will fall on the less noticeable side – meaning you may not immediately realize some type of negligence was involved.
According to some estimates, more than 200,000 people lose their lives each year due to medical malpractice issues. This type of negligence can include or involve surgical errors, an incorrect diagnosis, lack of sufficient care, and medication dosage issues.
Take a moment to learn more about the signs of medical malpractice to be aware of so you can explore any legal options that may be available to you or a loved one. We also go over when it’s best to contact a medical malpractice attorney to discuss your situation.
The Recommended Treatment Isn’t Working
To be fair, medical malpractice doesn’t simply involve not getting any noticeable benefits from recommended medication or physical therapy techniques. In certain situations, some trial-and-error is to be expected as the treatment plan is adjusted and fine-tuned. As for what could constitute medical malpractice involving treatment, possibilities include:
- A surgical procedure that hasn’t corrected the problem
- Treatment that’s making the problem worse or creating entirely new issues
- A failure to improve even after following all treatment recommendations
- Being prescribed medication that’s clearly not appropriate for your situation – or receiving incorrect dosage guidelines
You may also have a medical malpractice case if your physician or specialist isn’t aggressive enough with treatment if you have a severe illness or disease. You could also have a valid claim if you have repeatedly expressed concerns about your treatment, only to have those concerns dismissed or ignored entirely.
The Treatment Doesn’t Make Sense Given the Diagnosis
Suppose a doctor recommends surgery for a condition that’s often treated successfully with non-surgical remedies. In that case, medical malpractice may be involved – especially if there’s no effort made to try the non-surgical options first. Malpractice could also be a factor if you’re a good candidate for a minimally invasive procedure and your doctor or surgeon insists on a more risky and invasive operation instead.
It’s important to note that the circumstances involved also need to be considered. For instance, immediate surgery may be entirely appropriate if you’re in a car accident and sustain a severe spine injury. On the other hand, if you only have occasional lower back pain and surgery is immediately recommended, you could have a case for medical malpractice, especially if the risks of surgery outweigh potential benefits.
The Diagnosis was Incorrect
Granted, some health-related issues are challenging to diagnose accurately. In situations like this, it’s common for physicians to order a series of lab and diagnostic tests. However, you may have a case for medical malpractice if your doctor only orders a few basic tests and makes a diagnosis without any further testing that would normally be appropriate. Malpractice may also be involved if you receive a second or even third opinion that confirms an entirely different diagnosis – especially if the practitioners giving the additional opinions agree the first diagnosis was incorrect.
Errors Occurred During Outpatient or Inpatient Surgery
Some surgeons or doctors will willingly admit an error had occurred during surgery. They may also be upfront about complications that occurred during the procedure or immediately after. Other times, however, patients discover surgical errors on their own. Signs suggesting mistakes may have happened during inpatient or outpatient procedures include:
- Pain that continues to get worse instead of better
- Developing entirely new symptoms
- Recovery that’s taking much longer than expected
Surgical errors that may be reason enough to talk to a medical malpractice attorney can involve damage to healthy organs during surgery or failure to diagnose serious surgical risks prior to surgery being performed. Other possibilities with errors of this nature include leaving surgical instruments or objects inside the body and anesthesia errors.
There Was Lack of Appropriate Care While at a Short-Term Care Facility
Some patients are transferred from the hospital to a short-term care facility to recover. This is more likely to be the case with older patients, but it can also happen if health-related concerns need to be addressed during recovery. You might have a case for medical malpractice if appropriate care wasn’t provided while in some type of short-term care facility. This could also apply if the person receiving such care were an elderly loved one with specific care needs that were ignored.
When to Contact an Attorney about Medical Malpractice
Even if medical malpractice is only suspected, it’s best to err on the side of caution and see what an attorney has to say. Of course, this doesn’t mean you’ll necessarily have a case. However, it can be helpful to get an honest, professional opinion to determine if you have some legal options available. And if you do, a medical malpractice lawyer can guide you through the process of pursuing legal action to receive any compensation you may be entitled to receive.