Determining If You’re the Victim of Medical Negligence

Determining If You’re the Victim of Medical Negligence

Common Types of Medical Negligence

valid-medical-malpractice-claimAny time a doctor fails to provide proper medical care and it results in patient harm, it may be medical malpractice. Some of the most common types of doctor negligence include: 

  • Misdiagnosis;
  • Delayed diagnosis;
  • Failure to diagnose;
  • Diagnosing and treating a patient for a condition he or she doesn't have;
  • Causing childbirth injuries (failure to identify birth defects, failure to diagnosis a condition or disease prior to delivery, failure to respond to fetal distress during delivery, failure to order a Caesarean if needed, incompetent use of equipment such as forceps, etc.);
  • Failing to take the patient's full medical condition into consideration before administering treatment;
  • Writing the wrong prescription or the wrong dosage; and
  • Surgical errors (leaving an instrument in the patient, failing to monitor vital signs, performing the wrong surgery, operating on the wrong body part, etc.).

Determining if You Are the Victim of Medical Malpractice

Not all cases of health conditions gone awry are legitimate medical malpractice cases. Patients’ conditions do sometimes just naturally take a turn for the worse; it doesn’t always mean the doctor is to blame.  The law does not guarantee the best care, only that the minimum standards of care must be met.  If these minimums are not satisfied, then you may have a valid medical malpractice case that should be pursued within the statute of limitations, which is generally one year from the date of the medical treatment that caused the injury.

 In order to have a valid negligence case, you’ll need to be able to satisfy three elements, namely that: 

  • The physician acted carelessly  or negligently and that he or she deviated from the minimum standards of care;
  • The doctor's actions actually caused you injury; and
  • Your damages are real and demonstrable.

If you suspect that your injury is the result of your doctor’s negligent behavior, speak to a local attorney about your case as soon as possible.

Malpractice Victims’ Rights

If you were injured, you have the right to file a claim for medical malpractice and seek financial recompense for all your losses resulting from the injury. You have the right to collect compensation to cover your losses for damages such as:

  • Medical bills;
  • Loss of wages;
  • Pain and suffering; and
  • Mental anguish.

Evidence of these damages will be important as you pursue your case. A medical expert may provide testimony regarding the medical care necessary to treat your condition. Your medical records and wage history may help you further demonstrate the extent of your damages.

Consulting a Legal Firm about Your Case

To determine if you have a valid case, we invite you to call our attorneys at Ryan, LLP, which serves clients in Cleveland and the surrounding areas. We can help you identify against whom you can file your claim, what compensable damages you might recover and how best to go about proving your case. Contact us to schedule a free consultation today at (877) 864-9495.

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