A case of medical malpractice is a serious issue that patients need to treat with the utmost care. If a patient has been harmed because of a doctor’s negligence, they need to be sure the medical expert is held accountable for their actions so they don’t repeat the problem with future patients. In some instances, a severe medical malpractice case can cause a doctor to have their license revoked or suspended.
Before you speak with a lawyer about your concerns, there are some things that you need to keep in mind first. Some people approach lawyers and want to take legal action against a doctor when they don’t really have a case. There are some key determining factors in figuring out if a patient truly has a medical malpractice case against a doctor, hospital, or medical facility.
Reading the Fine Print
One of the most important things you need to keep in mind is to reread over the paperwork you signed before being seen by the doctor. If you had a surgical procedure, you need to be sure that you thoroughly look over everything you signed in the consent form to see if there are any disclaimers in the paperwork. There are certain risks during operations that doctors are well aware of and they make sure to put this information in the paperwork they ask a patient to sign. The doctor will not be held accountable if they asked you to sign paperwork that highlighted the risks of a procedure.
For example, if a patient has suffered from an infection after having a medical procedure, they may want to get compensation from the doctor for this extended problem. However, infections are one of the most common risks in any surgical procedure and doctors make sure to put this information in the paperwork a patient signs, before they have the operation. This way, if a patient happens to get an infection after the surgery, they cannot seek legal action against the doctor for it.
Making Obvious Mistakes
There are problems that a doctor can be held accountable for, though. If a surgeon performed the surgery incorrectly, neglected to mention certain aspects of the procedure, or improperly prepared a patient, then they can be held legally accountable for their mistakes. A surgical procedure is supposed to be performed in a certain way with minimal varying factors. If another medical professional examines a patient and determines that the doctor who performed the surgery did something incorrectly, then the patient can take their case to a lawyer who will be able to get them compensation for the issue. A doctor is allowed to make certain decisions during an operation, though, such as if they had to do something in order to prevent another issue from getting worse. A medical malpractice lawyer will be able to go over the paperwork and speak with you about what happened to determine if a doctor did something that was uncalled for or if they did something that was medically necessary. Sometimes, a necessary action on the doctor’s part may be something that a patient doesn’t understand, which will leave them confused and attempting to pursue a medical malpractice case.
There are also obvious problems where doctors can be held accountable, such as if they accidentally left an object inside a patient before they closed up an incision. While this does sound absurd, it actually happens from time to time. There are instances where doctors have sutured an incision and left something like scissors or clamps inside of a patient’s body.
If you are not sure that you have a medical malpractice case, then you need to speak with a lawyer who has experience with these cases so they can help you figure it out. An experienced medical malpractice lawyer will be able to determine if you have a case that’s worth pursuing based on what you tell them during a consultation. Before meeting with a lawyer to discuss your potential case, it would be wise to gather any paperwork you have regarding the issue you’re concerned about. It’s critical to have a solid case before pursuing it legally because doctors are going to be protected by a team of lawyers that work for their facility, and they are going to do everything they can to prevent having to pay a patient for their doctor’s mistake.
What Will the Lawyer Do?
If your lawyer feels confident that you have a medical malpractice case that’s worth pursuing, then they will do many things in order to prepare for a court date. They will likely meet with the doctor who performed your surgery and try to ask them various questions. They will also research the doctor in question to see if they have had any allegations against them in the past. If a doctor has a history of doing things incorrectly, this information is going to greatly benefit a patient when they take their case to court. They will also send you to other medical professionals to get further examinations to ensure that the doctor in question actually made a mistake and that you aren’t just confused about something that happened during the procedure. When a medical professional is explaining something to a patient, they can sometimes get confused because they aren’t familiar with the medical terminology that the doctor is using.
The end result of most medical malpractice cases is a financial settlement. This is to help pay for the doctor’s mistake, pain and suffering, and any future medical treatments that are required because of the medical professional’s mistake.
It’s also important to mention that you can have a medical malpractice case even if you didn’t see a doctor. A nurse or any other medical employee can make a mistake that will allow you to pursue a medical malpractice case. For example, if a nurse got medications confused and administered the wrong dose to a patient, then they can be held accountable for their mistake as well. If you think that you may have a medical malpractice case in Phoenix, then contact Tobler Law to consult with a lawyer that has plenty of experience with these types of cases.