Determining whether a bad medical outcome is due to medical malpractice can be a complex and nuanced process, and typically requires a thorough investigation and review of the relevant medical records and evidence.
If you think that you or a loved one has been the victim of medical negligence it is recommended that you speak to a medical malpractice attorney sooner rather than later.
However, some potential indicators that may suggest medical malpractice might include the following:
- Violation of the standard of care: Medical professionals are held to a standard of care, which is defined as the level of care that a reasonably competent medical professional in the same area of practice would provide under similar circumstances. If a medical professional deviates from this standard of care, and this deviation results in harm to the patient, it may be considered medical malpractice.
- Negligence or recklessness: If a medical professional fails to provide appropriate care or takes unnecessary risks that result in harm to the patient, this may be considered negligence or recklessness, which can be a form of medical malpractice.
- Informed consent issues: Medical professionals are required to obtain informed consent from their patients before performing any medical procedures or treatments. If a medical professional fails to obtain informed consent, or if the patient is not properly informed about the risks and benefits of the procedure or treatment, this may be considered medical malpractice. Lack of informed consent because of bad communication, misdirection or improper documentation can be indicators that malpractice has occurred. Your doctor should explain the upsides as well as the downsides of any medical procedure as well as potential side effects and other issues that medical treatment might cause.
- Failure to diagnose or misdiagnosis: If a medical professional fails to properly diagnose a medical condition, or if they misdiagnose a condition, this can delay proper treatment and result in harm to the patient. If the failure to diagnose or misdiagnosis was due to negligence or a deviation from the standard of care, it may be considered medical malpractice. Delayed diagnosis often leads to bad outcomes, and when it occurs explanations are in order.
- Surgical errors: If a surgical procedure is performed improperly, such as performing the wrong medical procedure, wrong surgery, leaving surgical instruments inside the patient, or operating on the wrong body part, this can result in serious harm to the patient and may be considered medical malpractice.
- Proximate Cause: A bad medical outcome must have a direct causal link to the healthcare provider’s breach of the standard of care. In other words, the bad outcome must be a direct result of the healthcare provider’s negligence or failure to provide appropriate care.
- Injury or Damages: To pursue a medical malpractice claim, the patient must have suffered an injury or damages as a result of the healthcare provider’s breach of the standard of care. Damages can include physical, emotional, and financial harm. The ability to document these damages is part of the process of demonstrating medical malpractice.
- Expert Opinion: Medical malpractice cases often require the testimony of medical experts to determine whether the healthcare provider breached the standard of care and whether the breach caused the patient’s injury or damages. Testimony of someone with knowledge of how doctors and nurses are expected to behave can be a critical element in determining the outcome of a medical malpractice lawsuit.
- Documentation: Documentation is critical in medical malpractice cases. Detailed medical records can help establish the standard of care and whether it was breached, as well as provide evidence of the patient’s injury or damages.
It’s important to note that not all bad medical outcomes are the result of medical malpractice. Sometimes, despite the best efforts of healthcare providers, bad outcomes can occur. To determine whether medical malpractice is the cause of a bad outcome, it’s best to consult with an experienced medical malpractice attorney.
Victims of medical malpractice in St Clair County searching for a malpractice lawyer near me have discovered that the professional, compassionate representation we provide our clients is of utmost importance. We are dedicated to providing expert legal support to the people of St. Clair County, IL and St. Louis. It has been both an honor and privilege to represent our ever-growing number of satisfied clients.
If you’re in Southern Illinois and your searching for a medical malpractice lawyer near me, please contact us at (618) 236-2221 for a free consultation and thorough, informed evaluation of your potential legal case. If you or a loved one has been victimized by a life-changing medical mistake or wrongful death, you deserve the opportunity to file a medical malpractice lawsuit and receive compensation.