Think You Have A Medical Malpractice Case? Questions To Ask
When an individual believes they are the victim of medical malpractice, one of the first questions they have is whether or not they have a case. Unfortunately, this isn't an answer that is easy to formulate. There are a variety of factors that go into making this determination; here are some of them.
Do You Have a Medical Diagnosis?
To have a claim for medical malpractice, there must be a medical diagnosis solidifying your claims. It's not enough to simply say you're in pain. A physician must perform a medical examination to verify that you are in fact injured and that the type of injury you have is the result of negligent care by a provider. If you're unable to collect this information, it will be challenging to move forward with your claim.
Was There a Known Risk?
Whether there was a risk associated with the medical care you received is also a factor when establishing a case, especially when it comes to cosmetic surgery. For example, if a patient has a rhinoplasty procedure performed, there is no guarantee that they will love the result. There is only a guarantee that the physician will do what you asked and perform the procedure with utmost care. As long as this was explained to you before the procedure, it's hard to come back and claim medical malpractice simply because you don't like the result.
Did the Doctor Operate Properly?
Did the physician under which you received your treatment operate with the right level of care? Take a patient who has an adverse reaction to a medication, for example. If the provider failed to perform a medical evaluation and collect medical history from the patient before administering the drug, this may fall under the umbrella of medical malpractice because the provider did not exercise enough due diligence.
Was Your Life Impacted?
There also needs to be some level of impact on your life based on the care you received. Will you have to continue ongoing medical treatment? Did you incur medical bills? Do you suffer from self-esteem issues? Did you have to miss time from work? These are just some of the questions that must be answered to verify that the effects of your care have impacted you negatively.
If you believe you are the victim of medical malpractice, it is best to speak with an attorney. An attorney will examine your claims and help you determine the best course of action for any compensation you may be entitled to. Contact a law firm like Shaevitz Shaevitz & Kotzamanis to learn more.