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Explore General Legal Issues

Should You File A Medical Malpractice Lawsuit?

by Ralph Griffin

Did you have a bad experience with a doctor or hospital, and think you may have a valid case on your hands to sue for medical malpractice? If a medical did not provide a reasonable standard of care that anyone else would do, you should definitely look into the possibility of bringing a lawsuit against them. Here are some questions you may have.

What Are Examples Of Medical Malpractice?

Many people do not understand what medical malpractice includes since it goes beyond making a mistake on the operating table. A misdiagnosis is a common form of medical malpractice. This can happen if you come in and give your symptoms regarding an illness and the doctor does not diagnose your problem. If the illness gets worse and causes a major medical problem, you could have a valid case on your hands. 

You may also have a doctor that misreads lab results or fails to read them at all. Your doctor may even fail to give you tests that are required to diagnose a problem based on the symptoms you listed. It is your doctor's responsibility to let you know what tests can be taken for your symptoms, not your duty as a patient to know what needs to be done. 

Is A Bad Outcome Considered Medical Malpractice? 

Medical procedures always have the risk of going wrong, even when the best possible care is taken. For example, infections can happen when having a surgical procedure done, or a surgical procedure can fail and require additional treatment. You must understand that a bad outcome is not always a reason to pursue a medical malpractice case. Every procedure has risks and side effects, and you cannot go after a doctor if you experience those side effects. If the doctor did not perform their duty of care and that is what caused the undesired side effect, that is a totally different story. For example, forgetting to prescribe you medication to fight off an infection, and then getting an infection because of it.

Can A Lawyer Help Determine If You Experienced Medical Malpractice? 

If you are unsure if you experienced medical malpractice, it is worth reaching out to a lawyer for a consultation. They can provide you with a consultation and let you know if your case is worth pursuing, and if so, help start the process and get the ball rolling. The lawyer will likely work on a contingency basis, meaning they do not get paid unless you win your case