When to Consider a Medical Malpractice Claim

When a doctor agrees to take up your treatments, they’re entering a legally-binding relationship with you. This relationship requires them to accept that they have a duty to provide for your effective treatment and to make sure that any other health problems you may have are identified and treated properly.
There are cases where doctors are in breach of this duty to you, and when they are, filing a medical malpractice claim may be among the options you have available to you. You’ll have to consult with an attorney to get a professional opinion, but some of them (like us) offer such consultations for free.
 

 
One of a doctor's obligations to you is to diagnose new problems that may manifest. Cases where a doctor fails to diagnose an imminent problem constitute a full 40 percent of the claims filed for malpractice. There are significant reasons that this is the case. Consider what could happen if a doctor fails to diagnose a condition such as diabetes, melanoma or other potentially life-threatening conditions that can be confused for other (less severe) conditions. There are other obligations a doctor has to their patients and, when they violate those obligations and harm you as a result, you may be able to bring a lawsuit.
 
Medical negligence sometimes takes the form of procedures that are performed incorrectly and that cause real harm to the patient involved. In fact, this is one of the most common forms of malpractice. It may involve performing a surgery that doesn’t offer the promised benefits, performing a surgery that was completely unnecessary or even leaving items behind in the patient, such as sponges and other equipment, after the patient’s body is closed up. If this happens, the patient may well require other procedures that will make their convalescence even longer than it would be otherwise.
 
If you’ve been the victim of a doctor who didn’t uphold their duty to you, contacting an attorney that works for a medical malpractice law firm should be your first move. These lawyers can look over your case and, where necessary, call in experts to give their opinions on the situation. This enables them to construct a good claim and, if it seems like it may win, to pursue it.
In some scenarios, you’ll have to have your case argued in front of a jury. In others, the doctor’s insurance company will simply offer a payment to avoid going to trial. But do not expect a settlement offer from the hospital until you're done treating and your lawyer has submitted a formal demand.
To speak with us about your case (for free), call (214) 651-6100.