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Medical Malpractice: Recognizing Negligence, Claim Process

This page explains medical malpractice, its claim process, and how a lawyer from ContractsCounsel can help you.

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Medical malpractice is when a medical professional doesn’t meet their standard of care or is negligent, resulting in injury, harm, or even death. Examples of medical malpractice include incorrect surgeries, not ordering required tests on a patient, or prescribing the incorrect medication.

If you’re dealing with a medical malpractice situation, it can be a stressful experience. You don’t have to go through it alone. By connecting with a professional lawyer, you can fight for your rights and receive compensation to help you move forward.

Read the rest of this article to learn about how to prevent and deal with medical malpractice, how to prove malpractice, and when you should consult with a lawyer.

What are the Different Types of Medical Malpractice?

There’s a wide range of medical malpractice types. Some of the most common include:

Diagnostic Errors

A doctor who wrongly diagnoses a patient is displaying medical malpractice. This is also the case if the doctor delays making a diagnosis, which can cause delays in the patient receiving treatment.

Surgical Errors

Problems occurring during surgical procedures, such as a surgeon doing the wrong surgery, are considered malpractice since they can cause severe harm and possibly even death.

Medical Device Errors

When a patient requires the use of a medical device, it’s the doctor’s responsibility to ensure that it works properly, isn’t defective, and is well maintained.

Medication

It’s common for mishaps to occur when medication is prescribed to patients. This can include prescribing the incorrect medicine or dosage, which can cause adverse symptoms or health problems.

Can You Prevent Medical Malpractice?

Although you can’t always control the care you’re given when seeking medical advice or treatments, there are some ways in which you can possibly prevent malpractice from occurring.

Ask Questions

It’s a mistake to leave your care fully in the hands of medical professionals. You should always advocate for yourself by asking questions, doing your own research, getting a second opinion, and expressing any doubts to your medical team.

If your doctor brushes off your concerns or questions, don’t be afraid to consult with a different one who makes you feel heard.

Be Upfront

Giving your medical team the full picture of your health is an important step in ensuring they fully understand your treatment options and diagnosis. This involves being honest about your symptoms and medical history to avoid complications with your care.

Maintain Health Records

To prevent issues, or be able to notice them quickly, you should ensure you keep a record of all medical documents, such as medication scripts, test results, as well as notes you’ve made after doctor visits. If you don’t have all your medical records, it’s your legal right to request them.

Notice Signs of Possible Negligence

Sometimes, it’s possible to notice signs of impending medical malpractice. These include if your doctor doesn’t give you clear, confident answers to your questions or has made errors such as misdiagnosing you in the past. These are red flags that they can’t be trusted and you should seek a second opinion.

What Should You Do if You’re the Victim of Medical Malpractice?

When you’re dealing with medical malpractice, you should do the following:

Gather Your Documents

As previously mentioned, it’s crucial to keep a record of all medical documents. Now’s the time to review them to see if there are any signs of medical malpractice. For example, if you’ve been treated with medication that isn’t appropriate for your health diagnosis.

Understand Time Limits on Claims

It’s important to know the time limit for reporting medical malpractice cases. For example, it’s two years in Missouri, but it can vary in different states. If you’ve been a victim of medical malpractice, you need to take action promptly so that you don’t miss your chance.

Consult with an Attorney

On ContractsCounsel, an online legal network that connects clients with vetted lawyers, you’ll get assistance from a professional, skilled lawyer with years of experience in assisting clients with medical malpractice.

This is essential to help you fight your case. Your lawyer will remind you of your legal rights and guide you on the best way to deal with the medical malpractice. They will also assist you in the following ways:

  • Communicate with the medical professional or organization on your behalf. They might be able to reach an agreement to settle the dispute.
  • Your lawyer will explore if the doctor followed the duty of care and if they were negligent, so that they can establish your case.
  • They can report the malpractice to the medical board.
  • They will check all your medical records to see which documents should be collected to support your case.
  • They’ll take legal action. If other efforts to seek damages are not satisfactory, your lawyer can file a lawsuit. This is usually the case if the harm done to you was significant.

How is Medical Malpractice Proven?

In order to be successful in a medical malpractice case, it’s essential to prove the following:

  • The medical professional had a duty to care for their patient.
  • The medical professional was careless or negligent.
  • This negligence caused the patient harm.
  • The patient suffered damage because of these actions.

What Happens During the Medical Malpractice Case?

A medical malpractice case usually includes the following stages:

  • Filing a lawsuit in a court of law.
  • Sharing information. The plaintiff and defendant will exchange documents, depositions, and interrogatories.
  • Settling out of court, if possible, should they reach an agreement.
  • If they go to court, the plaintiff will try to prove that the defendant was negligent.
  • The judge will deliver a verdict. If the plaintiff wins, the judge will determine what damages should be sought.

Do you need a lawyer for medical malpractice?

If you’re dealing with a costly and stressful case of medical malpractice, you should consult with a professional and vetted lawyer on ContractsCounsel. All lawyers on the platform are vetted with years of experience in working with clients who have dealt with medical malpractice claims.


ContractsCounsel is not a law firm, and this post should not be considered and does not contain legal advice. To ensure the information and advice in this post are correct, sufficient, and appropriate for your situation, please consult a licensed attorney. Also, using or accessing ContractsCounsel's site does not create an attorney-client relationship between you and ContractsCounsel.


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