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Medical Malpractice

5 Tips for Filing Medical Lawsuits

— November 1, 2021

There are several elements you would need to consider before you decide the way forward. To make things easier, you should consult a lawyer.

Most people have come under the care of medical practitioners at least once in their lives. You expect the best out of your meeting with a health professional. Things, however, never turn out as we expected, and you end up sicker. This is likely to happen if there is medical malpractice.

Medical Malpractice

Any doctor or health professional in service has a set of standards that they are expected to adhere to. The reason for these standards is to ensure the safety of patients. If a medical process does not bear the expected results even after the doctor follows all protocols, they are not responsible for the outcome.

There are, however, situations where the health expert deviates from the set standards, either wholly or partly. If this action harms or injury to you as the patient, it is considered medical malpractice.

Types of Medical Malpractice

  • Misdiagnoses or failure to diagnose
  • A doctor may fail to take all surgical tools out of the patient after the operation
  • A doctor may prescribe or administer medication that is harmful to the patient
  • A doctor may discharge a patient before the time is right
  • Doctors sometimes lose patient files. In this case, you will file a lost medical records lawsuit
  • If a doctor fails to make follow-up on the progress of the patient as expected

The Elements to Understand in Any Medical Malpractice Case

  1. The Existence Of A Doctor-Patient Relationship

There must be a professional relationship between you and your doctor. This relationship comes to be when you come under the physician’s care, and they are in consent. You cannot prove in court that you were wrongfully diagnosed if you cannot first prove that the doctor treated you.

  1. There Must Be Standard of Care Breached

In every medical case, there is the standard care you are expected to receive from the doctor. This applies to all doctors if they are dealing with a similar case.

If doctors deviate from these expectations, then they risk a legal lawsuit from the patient. This is tricky to prove in court but is very important.

  1. The Breach Must Result in Injury

    Surgical instruments; image by Piron Guillaume, via
    Surgical instruments; image by Piron Guillaume, via

This means that you must suffer damages from the malpractice. A case with severe malpractice but no direct injury to the patient will not sustain. If a doctor operates on you, and instead of feeling better, you feel worse, then you can sue them. If you are sure the doctor’s actions caused your woes.

  1. The Proximate Cause

The doctor’s negligence must be the cause for the damage you suffered. The injury must have been caused by the malpractice either in whole or part. If a patient is taken to hospital, is misdiagnosed, and dies from the actual illness, the doctor will be held responsible.

 Some illnesses are not severe if treated on time. The failure to prescribe treatment even with visible signs makes the doctors guilty.

  1. Captain of the Ship Doctrine

This means that the chief doctor is in charge of the whole process and all persons involved in any operation. To understand this better, let us take a case where a patient finds out that some surgical tools were left in their body after an operation. The lead surgeon who oversaw the procedure will be held responsible.

You might feel that your doctor misdiagnosed you, and you want to take the matter to court. There are several elements you would need to consider before you decide the way forward. To make things easier, you should consult a lawyer.

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