How to Determine if You Have a Medical Malpractice Claim

Medical Malpractice Claim

But how do you know if you should file a medical malpractice claim?

Healthcare providers are held to a high standard of care. There are many complicated practices in hospitals, so it is important that doctors, nurses, and all others in the medical field give the best possible care to their patients.

We will thoroughly explain how to figure out if you have a medical malpractice case. Keep reading for a full breakdown!

There Was a Lack of Informed Consent

When someone enters a medical care setting, they must be made aware of their options for treatment and the associated risks and benefits of each. If a patient does not provide informed consent for a treatment of any kind, that constitutes a lack of informed consent.

If a medical provider fails to explain the risks, alternatives, and consequences of a procedure or treatment and they are injured as a result, then the patient may have a medical malpractice claim.

Negligence in the form of lack of informed consent requires that the patient be able to prove that the healthcare provider deviated from the accepted standard of care by not providing informed consent.

You’ve Suffered Severe Complications from Your Treatment

If you have suffered severe complications from your medical treatment, you may have a medical malpractice claim. You should consult an experienced medical malpractice attorney to determine if you can pursue a claim.

Your attorney will assess the facts and circumstances to determine if the doctor departed from accepted standards of medical care or was negligent when providing medical treatment.

Your attorney will review your records, interview witnesses, research medical literature, and obtain opinions from medical experts to determine if you have a valid claim.

Your Treatment Isn’t Working

If your treatment isn’t working and you believe it may be the result of medical malpractice, you’ll need to consider several factors. First, ask yourself if your medical provider offered a reasonable standard of care.

male doctor check his report

If the level of care was below what a similar medical professional would have offered, then there may be medical malpractice. Additionally, you should research the problem and determine if the medical provider’s negligence made the condition worse.

Finally, you should consult your medical provider and determine if the treatment was unreasonable. If all of those factors align, then consult lawyers for medical malpractice.

Your Doctor Hasn’t Followed Up After You Raised Concerns

Before determining whether you have a medical malpractice claim due to your doctor not following up after you raised concerns, it is important to understand your rights as a patient.

If you think your doctor has been negligent in following up on your concerns, you must first gather evidence to confirm your suspicions. Talk to witnesses who may have seen your interaction with the doctor or heard your concerns.

Request your medical records and review them for any inconsistencies. Lastly, document with photographs or writing any signs of injury or damage.

Read More About Medical Malpractice Claim

Medical malpractice claim is serious and can often have devastating consequences. With the right evidence and experienced legal representation, it is possible to make successful claims.


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