Medical malpractice occurs when you, the patient, are injured by your doctor’s negligence or incompetence. The rules regarding negligence and whether you have a case are hard to understand, and small details can determine whether you have a claim against a healthcare provider or not. Therefore, it is always best to consult with a local attorney in Bowling Green if you suspect that you are the victim of malpractice.
Are You a Victim of Medical Malpractice?
To determine if you have a case, you must look at the basic requirements of malpractice and then determine if your injury involves those basics.
These requirements include:
- Having a doctor-patient relationship. A doctor-patient relationship is a strict requirement for you to have a malpractice claim. Your doctor must be treating you, and that means that you have a professional relationship with that physician. The advice you hear during a dinner party with a family practitioner does not qualify for malpractice.
- The doctor acted negligently. Furthermore, your physician must be negligent in his or her actions. An unhappy outcome for medical treatment or procedure does not constitute malpractice. Instead, the doctor must be negligent with your treatment or diagnosis.
- The negligence of your physician is what led to your injury. Furthermore, you must establish that the physician’s negligence was the cause of your injury. If the doctor’s negligence did not cause your injury, you do not have a malpractice case.
- The injury caused damages. Even if the doctor was below the expected standard of care that other physicians would provide in the same field, you must not only have an injury but injury that results in damages. Damages include physical pain, emotional distress, lost work, permanent injuries that lead to a loss of earning capacity, and additional medical costs. If you cannot establish damages, you will have no reason for filing your lawsuit.
Exploring the Most Common Types of Malpractice Claims
Some types of malpractice are more common than others, these include:
- Failure to Diagnose – This occurs when the doctor would have discovered your diagnosis in the right amount of time using proper methods, but failed to do so. Sometimes these result in a misdiagnosis, meaning the doctor diagnosed you, but with the incorrect condition.
- Improper Treatment – If your doctor uses a treatment that a competent doctor would not or you are injured, you may have a claim against the physician. Sometimes, the right treatment can be used improperly, which also is grounds for malpractice.
- Failure to Warn or Obtain Consent – Physicians have a duty to gather informed consent from their patients. That means your doctor must inform you about the treatment, associated risks, and your alternatives if you choose that you do not want to do the treatment recommended by your doctor.
Speak with an Attorney in Bowling Green
If you suspect that your injury qualifies for a malpractice claim, or you have suffered a serious injury, contact attorney Seth Gladstein from the Gladstein Law Firm, PLLC. You can schedule your free consultation today at 502-791-9000 or request more information online.
