Do You Have a Case for Medical Malpractice?

Posted on Oct 13 2015 - 7:28am by Admin

MedicalMedical malpractice happens when a doctor or a healthcare professional harms a patient because of failure to competently perform her or his medical duties. Doctors can be sued for medical malpractice due to Mistakes in Treatment, Lack of Informed Consent, and Improper Diagnoses.

Because medical malpractice rules are different from one state to another, you should consult with a medical malpractice lawyer in Atlanta if feel you have a medical malpractice claim.

Mistakes in Treatment

When a doctor makes mistakes during your treatment that another equally competent doctor wouldn’t have made otherwise, you have a claim on medical malpractice. While some mistakes may be instantly apparent — like cutting off the wrong arm or leg — others won’t be, and may only manifest weeks or months from treatment. For instance, a patient suddenly experiencing back pain after having surgery for the said back pain six months prior, or having continued back pain after having surgery to resolve chronic back pain issues.

However, determining if the pain can be attributed to a treatment error is difficult, so expert testimony is required. In this case, the patient must work with a medical malpractice lawyer that will evaluate the medical records and provide an expert opinion to confirm if the patient can sue for medical malpractice.

Improper Diagnoses

When your doctor due to an improper diagnosis harms you, you may claim for medical malpractice. It is crucial to note that your doctor may only be held liable for the specific harm caused. In the event that you want to sue a doctor for the death of a family member download snapchat story due to misdiagnosis, but there’s a chance that that family member would’ve died equally fast if the doctor properly diagnosed your disease, you doctor may not be held liable for medical malpractice. However, you can sue your doctor if the life would’ve been extended due to a proper diagnosis.

Lack of Informed Consent

You have all the right to choose the treatment you want to receive. It is your doctor’s obligation to provide adequate details regarding treatment that will enable you to make more informed decisions. When your doctor fails to get your informed consent before treatment, you have a case for medical malpractice.

However, note that there’s one exception to this rule known as the Emergency Exception. In medical malpractice law, it is assumed that a patient requiring urgent medical treatment but is unable to provide informed consent would provide informed consent to treatment that can potentially mean life or death if the patient is capable of doing so. In this case, the patient can’t sue for medical malpractice.