Working within the healthcare industry is indeed a noble profession. These are the individuals who have the knowledge and skill to identify problems within your body and strategize on how to treat them. However, doctors and other medical professionals are human, and they are just as likely to make mistakes as anyone else.
A seemingly minor diagnostic error can lead to serious problems for a patient, potentially allowing the patient to file a legal claim for hospital malpractice. In some situations, a wrong diagnosis can cause the patient to die. If you are the victim of medical injustice and negligence, there are a number of steps you can take to seek the compensation you deserve.
The Basics of Medical Malpractice
In the unlikely event that a doctor or other medical practitioner is negligent and fails to meet the standard of care within their profession, they might reach an incorrect diagnosis, which then can lead to unnecessary or damaging treatments.
If you believe that your doctor or other health professional is at fault for misdiagnosing you and causing you to undergo incorrect treatments, you may have a viable malpractice claim. Because the law surrounding medical negligence can be complex, it can be beneficial to discuss your concerns as soon as possible with a hospital malpractice lawyer who has handled similar cases in the past.
Many people around the world suffer the consequences of misdiagnosis and medical negligence, and the number of victims is on the rise. A misdiagnosis may occur when a medical practitioner, irrespective of their specialty, either fails to properly diagnose a patient’s health condition to the standard of care that a similarly situated doctor would or diagnoses the patient with a condition from which they do not suffer. These types of negligence can lead to a lot of harm and suffering for a patient, including wrongful death. You can spot this by the doctors telling the patient about a condition which they are suffering.
If you have suffered a brain injury as the result of a hospital’s negligence, diagnostic tests can serve as valuable evidence. These reports are important because they can make your malpractice claim strong. Some of these tests may include MRIs, CT scans, X-rays, and physical examinations by specialists in the field.
Neuroimaging allows physicians to assess the extent of brain damage that you have suffered as a result of the malpractice. In some cases, it may be beneficial for you to undergo neuropsychological testing to assess whether you are experiencing any cognitive deficits due to a doctor’s negligence.
- Overdue diagnosis
A delay in diagnosis can have a detrimental effect on a patient, as well. In these cases, a medical professional either makes an incorrect evaluation or fails to take timely steps to identify the patient’s condition, which allows the condition to get unnecessarily worse over time. Your case may qualify as malpractice based on a delayed diagnosis if a health expert failed to properly assess your condition, leaving you undiagnosed longer than is reasonable.
- Failure in treatment
A failure in treatment may occur when a qualified medical professional fails to properly treat a condition even after knowing that it exists. In such a situation, a failure to treat can lead to a patient’s wrongful death.
- Erroneous surgery
Surgical errors can be devastating for a victim of medical malpractice. Some of the most common types of surgical malpractice include:
- Having unnecessary surgery performed
- Having an incorrect procedure performed
- Incurring damage to organs, soft tissue, bone, and nerves while undergoing surgery
- Having the wrong amount or type of anesthesia administered during a surgical procedure
- Undergoing surgery performed with non-sterile surgical instruments
- Having surgical equipment or materials left within the body after surgery
- Receiving insufficient care during and after surgery
It is important to know that surgical errors can hurt a patient and may legally qualify as hospital negligence.
- Medical products liability
In certain cases of medical malpractice, the medical professionals are not the ones who are to blame. In some situations, the fault belongs to the manufacturer of the medical products, medications, or medical devices. This may occur when a faulty medical device fails to perform as intended.
How to Sue a Hospital for Malpractice
There are numerous ways a patient can suffer as a result of medical malpractice. Regardless of how cautious a patient may be, they may become a victim at the hands of a negligent medical professional. The carelessness may involve a diagnostic blunder, treatment misstep, or insufficient aftercare or health management.
Here are some of the steps you should consider taking if you think you may be a victim of medical mismanagement.
- Find a new healthcare provider
The moment you believe that you may have been the victim of medical malpractice, you should prioritize your health and find another healthcare provider to treat your condition. Be sure to provide your new doctor with a full medication list that shows every medication you have been prescribed and an account of every treatment you have undergone. This documentation may help to prove that you were getting the wrong treatment or received an incorrect diagnosis.
- Get all of the medical records
Because one small mistake can have the most serious consequences when it comes to your health, it is important to have every shred of information about what may have gone wrong. This is why you should collect every document, diagnostic imaging, and test result relating to your potentially negligent care. You will likely need this documentation if you plan to pursue compensation for the injuries you have incurred at the hands of your healthcare provider.
If you have been injured as the result of a medical care provider’s negligence or carelessness, you may need financial compensation to make you whole. Damage to any part of the body or organ has the potential to have so many adverse effects on the body. It can hamper movement, compromise cognitive functions, and impair a person’s ability to lead a normal life. It can be valuable to seek assistance from a hospital injury attorney to learn about the options available to you.
- Refrain from contacting other parties
Do not tell any medical professionals or insurance companies that you are taking legal action against your provider. It is important for you to speak with your attorney before communicating with anyone about your malpractice claim.
The law provides protection for individuals who suffer at the hands of a negligent medical provider. Contact a hospital negligence attorney if you suspect that your physician:
- Failed to properly diagnose your condition
- Performed unnecessary surgery
- Prescribed or administered an improper medical dosage
- Provided improper or insufficient follow-up for your condition
- Discharged you too early from the hospital
- Failed to recognize your symptoms or condition
It can be incredibly stressful for a patient who has been misguided by their doctors and received negligent medical care that caused them to suffer further harm. If you suspect that you are the victim of medical malpractice, let a qualified hospital malpractice lawyer guide you through the complexities of the claims process. They can advise you on the best course of action for pursuing compensation for your losses.
A Philadelphia medical malpractice lawyer can instruct you with regard to the steps you should take to navigate this difficult situation. When you have a legal advocate by your side, you and your family members can focus on other important things, like taking care of your health and managing finances, while your attorney represents your legal interests.
Research shows that people who have an experienced attorney by their side are more likely to secure the compensation they deserve in a medical malpractice claim.