When Should A Medical Malpractice Attorney Be Considered?
Patients who have been inflicted with physical or emotional distress because of the irresponsible actions of a doctor should consider contacting a medical malpractice attorney. A doctor’s job can be intensely stressful, and mistakes can happen, especially in cases where a doctor is stuck working long hours. Mistakes are somewhat expected for a fatigued doctor under duress, but patients should not have to suffer for these mistakes when they can lead to further medical and financial complications, and even death.
When should a medical malpractice attorney be considered?
A medical malpractice attorney may be considered if a patient believes that a doctor did not provide adequate care given the circumstances. In order for a doctor to be considered at fault, it must be proven that if the patient were under the care of another doctor, the patient would have fared much better. As each case is unique, unpredictable factors can make a doctor’s job much more difficult, such as a patient’s distinctive medical history, unintended consequences of certain medications, equipment malfunctions, and more. But if the conditions were the same, and another doctor would have provided the same quality of care, then a patient would may not have a case, even if the results of a patient’s care were less than desired.
For a claim to be successful:
- A patient must have evidence that a doctor was giving personal, specific and official medical consulting; advice gained from a celebrity TV doctor or a popular consultation website does not count.
- A patient must be able to prove that a doctor was directly at fault for the injury or misdiagnosis that led to the malpractice suit, and that the care given by the doctor was far below reasonable standards.
- A patient must be able to prove that because of the doctor’s mistakes, there were certain emotional or physical issues that stemmed from the doctor’s misconduct. This means that a doctor may be responsible for any missed time at work, physical therapy, or psychiatric care that the patient has to endure.
What types of cases can a medical malpractice attorney assist with?
A patient should consider consulting with an attorney if the patient believes that the doctor:
- Knowingly did not inform the patient of possible risks associated with certain procedures or medications
- Did not properly diagnose a patient in an instance where any other doctor would have correctly identified an ailment and notified the patient
- Failed to sufficiently treat the patient correctly in a case where any other doctor would have treated the patient differently
An attorney can help a patient sift through the evidence and determine whether or not there are grounds for a suit. If a patient decides that litigation is the right course of action, it is important to file a claim soon after the alleged malpractice takes place. This will ensure credibility of a patient’s case, and allows the attorney to file suit before the statute of limitations expires, which can vary from state to state.
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