How do I know if I have a medical malpractice case?
Three Elements of a Medical Malpractice Claim
It’s not enough to have suffered complications from a procedure or medication. There are certain risks inherent in the field of medicine that the law takes into account; the doctors shouldn’t always be held responsible. Just because you have a negative reaction to a treatment doesn’t necessarily make your doctor guilty of malpractice.
In addition to a duty to provide care, there are three elements that must be present that constitute a medical malpractice claim:
- Negligence – The physician must have acted in a way that was careless or negligent, and acted in a manner that varied from reasonable standard of care.
- Causation – The doctor’s actions must have actually caused the patient’s injury.
- Damages – The patient must have suffered actual, demonstrable injury and damages.
Signs that You May Be a Victim of Medical Malpractice
You aren’t well, you’ve gotten worse, or something feels wrong. You begin suspecting your doctor made an error. How do you know if you’re the victim of malpractice?
There are some warning signs you can look for that indicate your doctor may have made a mistake:
- you doctor or nurses brush off your questions or concerns about your condition;
- you are experiencing unusual pain after treatment;
- your symptoms and your diagnosis don’t match;
- your condition worsened with treatment;
- your diagnosis was based on a single test or lab result;
- you requested a test or treatment, but you still haven’t received it;
- your doctor unreasonably stalled in treating you and your condition greatly worsened; or
- your recovery isn’t following along normal patterns.
Recognizing one of the above red flags doesn’t necessarily mean a cut-and-dry malpractice case. Complications do naturally occur and medical conditions do sometimes just take a turn for the worse. To determine if you actually might be suffering from medical negligence, consult a local attorney to review your case. Ryan, LLP works with an experienced list of qualified doctors, surgeons, and nurses to review each case and determine whether there was a deviation from the appropriate standard of care.
Consult an Attorney to Determine If You Have a Medical Malpractice Case
If you think you might be the victim of medical malpractice, feel free to call our Cleveland office to schedule a consultation at Ryan, LLP. If we are the right match for you, our team will:
- review your case;
- investigate the events that led to your injury;
- determine if you’ve satisfied the burden of proof;
- explain your rights and responsibilities;
- gather evidence;
- calculate your damages;
- account for your current and future damages;
- protect your rights;
- consult field experts;
- negotiate on your behalf; and
- seek the maximum amount of compensation possible.
When we choose to represent clients, we give them our full attention and sound legal advice, and steadfastly pursue their best interests. We invite you to contact our office today at 877-864-9495 to schedule a free case evaluation
for help determining if you have a medical malpractice case.
About the author of this article: Thomas Ryan