The older we get, the more likely it is that we require medical treatment. Occasionally, a procedure goes wrong or our condition remains unidentified. Under certain circumstances, a doctor may be guilty of malpractice. Before launching a lawsuit, you need to determine the legitimacy of your case. Here’s a quick guide to knowing when litigation can be initiated.
When You May Sue
There are two categories of malpractice wherein a patient has the ability to bring a case. The first is medical negligence, wherein a doctor fails to administer adequate treatment. Examples include:
- Mistakes during surgery
- Failure to warn of specific risks
To determine whether your case falls under this category, complex questions must be answered. For instance, what sort of care is usually administered under these conditions? Were unusual actions taken that differ from the norm? Discuss these matters in-depth with a malpractice attorney. The second situation under which you can litigate is recklessness. Such circumstances consist of:
- Operating while intoxicated
- Acting frivolously while performing surgery
- Over administering drugs
- Misreading lab results
- Ignoring patient history
Patients that can prove one of the above occurred have a good chance of receiving damages. Success is dependent upon the ability to show that significant suffering was the direct result of substandard care. In many cases, this requires testimony from medical professionals with deep knowledge about your condition.
When You Cannot Sue
Just because you suffer does not mean litigation is a possibility. Suing is not an option simply because your condition worsens, even after having consulted with a doctor. The sad reality is that not every medical situation is treatable. In some instances, a patient that is receiving treatment can become seriously ill or even die. These outcomes alone do not grant legal standing for initiating a lawsuit. Doctors are legally protected even if they are unable to provide a cure or relieve discomfort.
When a Medical Malpractice Attorney Can Help
Even knowing the above, you likely still have uncertainties. Attorneys specializing in medical malpractice are experts at determining the viability of patient cases. Choose an attorney that is board-certified to be certain you are receiving accurate information.
Suffering from any physical ailment is hard enough. It’s even tougher when the person you are counting on to relieve your condition worsens that malady. When that happens, compensation is due. If you are the victim of medical misconduct, contact a malpractice attorney, such as a medical malpractice lawyer from Pioletti, Pioletti & Nichols, to help deliver justice.