When you visit a doctor or a hospital, you trust the professionals there to provide competent and compassionate care. But what happens when something goes wrong? If you leave a medical appointment or a hospital stay worse off than when you arrived, it’s natural to wonder if your care was up to standard. Unfortunately, medical malpractice happens more often than most people realize. Recognizing the signs and understanding when to take action is crucial to protecting yourself or a loved one.
What Is Medical Malpractice?
Medical malpractice occurs when a healthcare professional or institution provides care that deviates from established medical standards, causing injury or harm to the patient. This doesn’t mean that every bad outcome is malpractice. Medicine isn’t perfect; even with proper care, things can still go wrong. However, if the harm was avoidable and caused by a mistake, negligence, or lack of skill, it could constitute malpractice.
Common Signs of Medical Malpractice
Identifying whether medical malpractice has occurred can be challenging, especially since patients often don’t have the medical expertise to pinpoint errors. However, there are common signs you can look for to help determine whether you may have a case:
1. Unusual or Worsening Symptoms
If your condition doesn’t improve after treatment or your symptoms get worse without explanation, it could be due to misdiagnosis, improper treatment, or neglect.
2. A Misdiagnosis or Delayed Diagnosis
Misdiagnosis is a leading cause of medical malpractice claims. If your doctor failed to correctly diagnose your condition or took too long, it could have delayed life-saving treatment.
3. Medication Errors
Mistakes involving prescriptions, such as being given the wrong medication, an incorrect dosage, or a drug that interacts poorly with others you’re already taking, can lead to serious complications.
4. Surgical Errors
Surgery presents risks even when performed correctly, but malpractice can occur if a surgeon operates on the wrong body part, leaves surgical tools inside the body, or causes avoidable damage during the operation.
5. Improper or Insufficient Testing
Doctors are often expected to order specific tests based on symptoms. If a professional fails to perform tests that would have aided in diagnosing your condition, this might indicate negligence.
6. Lack of Consent
Medical professionals are required to obtain informed consent. If you undergo a procedure without being fully informed about the risks and alternatives, this could breach your rights.
7. Communication Breakdown
If doctors or hospital staff do not communicate effectively with you or one another, this can lead to errors such as incorrect treatment, ignored symptoms, or the use of wrong patient information.
8. Hospital-acquired infections or Other Negligent Conditions
While hospitals aim to provide a safe environment, improper sanitation, ignoring patient safety protocols, or equipment failure can lead to harm.
If you suspect that any of these scenarios apply to you or someone you love, taking your concerns seriously is important.
Why Acting Quickly Matters in Medical Malpractice Cases
Medical malpractice cases are complex, and acting promptly is critical for several reasons:
1. Preservation of Evidence
The evidence needed to prove malpractice often includes medical records, witness testimonies, and expert opinions. Acting quickly ensures this information is available and accurate. For example, documentation in your medical records may reveal inconsistencies or errors, but those records can be altered or lost over time.
2. Statutes of Limitations
Every state has a statute of limitations, which sets a deadline for filing a malpractice claim. This period typically ranges from one to three years, depending on where you live. Missing this deadline can prevent you from pursuing your case, no matter how strong it is.
3. Protecting Your Health
If medical errors caused your complications, immediate action ensures that your future care is done safely and correctly. Delaying could lead to worsening health complications if they are not addressed in time.
4. Strengthening Your Case
Building a medical malpractice case takes time, from consulting experts to gathering evidence and evaluating damages. Starting early allows your attorney to create a stronger, more comprehensive case.
The Role of a Personal Injury Attorney
Medical malpractice cases can be daunting and confusing. Not only are you dealing with health issues, but navigating the legal system adds another layer of stress. That’s where a personal injury attorney steps in.
Here’s how they can help:
1. Case Evaluation
An experienced attorney will assess whether malpractice occurred by reviewing your records, circumstances, and the events leading to your injury. They’ll also determine if the healthcare provider violated the accepted standard of care.
2. Expert Consultation
Medical malpractice cases often require input from expert witnesses to establish what should have been done differently. Attorneys have access to networks of medical professionals who can strengthen your case.
3. Negotiating with Insurers
Doctors or hospitals are backed by insurance companies that work hard to minimize or deny claims. An attorney knows how to handle these tactics and negotiate for fair compensation for your damages, including medical bills, lost wages, and pain and suffering.
4. Advocacy in Court
Although many cases are settled out of court, some must go to trial. Attorneys experienced in malpractice litigation are skilled at presenting your case effectively before a judge and jury.
5. Providing Emotional Support
Knowing you have someone fighting for your rights can relieve some of the emotional burden, allowing you to focus on recovery.
What to Do If You Suspect Medical Malpractice
If you’re questioning whether you or a loved one has been the victim of medical malpractice, here’s a helpful guide for your next steps:
- Ask Questions Early: Don’t be afraid to request clarification from your healthcare provider. If their answers seem evasive or unsatisfactory, trust your instincts.
- Document Everything: Write down dates, treatments, symptoms, and communications with medical staff. This can act as essential evidence later.
- Request Your Medical Records: Keep a personal copy of your records. These may show errors, contradictory details, or evidence of negligence.
- Seek a Second Opinion: Another medical professional may offer insights your original provider missed, potentially confirming your suspicions.
- Consult an Attorney: The most important step is contacting a qualified personal injury attorney specializing in medical malpractice. They can guide you on what to do next, ensuring your rights are protected.
Baltimore Medical Malpractice Attorney
At Brown & Barron, LLC, we understand the complexities and challenges associated with medical malpractice cases. Our experienced team is dedicated to helping you navigate the legal process and securing the compensation you deserve. If you suspect medical malpractice in Baltimore, MD, don't hesitate to reach out for a consultation. Let us help you protect your rights and ensure that you receive the justice you deserve. Contact us today at (410) 698-1717 to learn more about how we can assist you in your medical malpractice case.