Do I Have a Feasible Medical Malpractice Case?

 Posted on August 09, 2018 in Medical Malpractice

When something goes wrong at a doctor, physical therapist, dentist, or other medical office, patients can be left lost and confused. After all, most of us grew up putting total trust in doctors and nurses. Their ability to diagnose and treat medical conditions still seem like a superpower to many children. Sadly, as we age, we realize that nobody is perfect and that medical professionals can and sometimes do make catastrophic mistakes. If you have been mistreated or hurt because of inadequate medical care or a negligent health-care provider, read on to learn about your options for financial compensation.

What Constitutes Medical Negligence?

The Journal of the American Medical Association (JAMA) reports that, shockingly, medical negligence is the third most leading cause of death in the United States. Only heart disease and cancer kill more Americans. In fact, in the year 2012 alone, more than $3 billion was spent in medical malpractice disbursements. Medical negligence occurs when a medical professional strays from the accepted “standard of care” while treating a patient. The “standard of care” in this context simply refers to what a reasonably thoughtful medical professional of similar experience and training would have done under similar circumstances. Someone who has a poor outcome from a medical procedure has not necessarily experienced medical negligence. Unfortunately, sometimes individuals simply experience bad luck. However, when a patient is treated in a way that deviates from the acceptable treatment of a condition or injury and suffers damages as a result, he or she may have a valid medical malpractice claim.

Examples of Medical Negligence That Could Lead to a Successful Medical Malpractice Claim

Medical negligence can take many different forms. Examples of medical negligence that could possibly lead to a lawsuit include:

• Not taking a patient’s medical and family history or ignoring this information;
• Failure to order appropriate medical and laboratory tests, misinterpreting test results, or disregarding results;
• Emergency room mistakes;
• Subjecting a patient to unnecessary surgery;
• Misdiagnosis or Failure to diagnose;
• Errors during surgery such as leaving surgical utensils in a patient;
• Incorrect medication or dosage;
• Birth injuries;
• Inadequate follow-up or aftercare; and
• Premature discharge from the hospital or medical facility.

You Must Have Experienced Damages

In order to recover compensation for medical negligence, the person bringing the medical malpractice suit, called the claimant, must have experienced damages. Damages can include tangible costs like hospital bills, ambulance fees, or costs associated with physical therapy. Through a successful personal injury suit, you may also be able to collect compensation for lost wages during the time you were unable to work. Intangible damages like pain and suffering may also be considered recoverable damages.

Comprehensive Medical Malpractice Representation in Illinois

If you experienced unacceptable medical care which resulted in your injury or illness, or if you have lost a loved one due to a wrongful death, contact the experienced Winnebago County medical malpractice attorneys at Mannarino & Brasfield, A Division of Schwartz Jambois. To schedule your initial free consultation with our firm, call 815-215-7561.

Sources:

https://www.forbes.com/sites/learnvest/2013/05/16/10-things-you-want-to-know-about-medical-malpractice/

https://www.abpla.org/what-is-malpractice