When you go to the doctor, you do so with the assurance that you will receive quality care from a knowledgeable professional. You likely place a significant amount of trust in the individual creating a treatment plan or monitoring you for health problems, so it can be devastating to learn that you did not actually receive proper care. Medical negligence or poor decisions from a doctor have the potential to cause extensive patient suffering and other complications that can affect the quality of your life.
Medical malpractice includes any type of negligence, poor decision or lack of quality care that caused you physical, mental, emotional or financial suffering while under the supervision of a medical care provider. If you believe that you could be a victim, it may be beneficial to learn more about what counts as medical malpractice and how you can seek justice. You do not have to suffer alone.
Building a strong claim
A poor prognosis or unexpected outcome to medical treatment is not always grounds for a medical malpractice claim. However, you may believe that your negative experience was preventable and the result of negligent care or other issues. In order to successfully pursue a medical malpractice claim, the following elements must be present:
- There was a duty owed to someone, such as the duty of care owed by a doctor to a patient.
- There is evidence that the care provider breached that duty in some way.
- The breach of duty resulted in some type of harm suffered by the patient and/or his or her family.
This evidence may include medical records, your medical charts, written instruction from doctors, witness accounts and more. Doctors and nurses, as well as other types of care providers, are responsible for always acting in the interests of the patient. This includes before treatment, during procedures, in post-procedure care, with the proper prescription of medication and more.
What to do if you are a victim
If you are the victim of medical malpractice, you have no time to lose in seeking an understanding of the legal options available to you. An assessment of your case will reveal if you have a valid claim and how you can proceed in your effort to secure appropriate compensation for your pain and suffering. These cases are time sensitive, and your quick action can have a direct impact on the success of a potential claim.