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Do I have a medical malpractice case?

Medical professional are expected to meet a standard of care in order to provide safety to patients. When the standard of care is breached, and a patient sustains an injury as a result, the medical provider or institution is held liable for all related damages. If you have been the victim of injuries sustained as the result of a medical provider’s negligence or erroneous care, then you may be entitled to compensation. You should contact a lawyer in the case that you have sustained injuries from any of the following medical situations.


Medical Negligence

General medical negligence occurs when the standard of care has been breached. Negligence can refer to a number of actions, or lack thereof, that can result in harm or injury. The most common forms of medical negligence include:

  • A doctor or other medical provider performing a treatment or procedure in a way that deviates from the standard of care required, or
  • When inappropriate treatments are performed or recommended

If an injury is sustained as a result of medical negligence, then, with proper evidence, you may be entitled to compensation for the resulting damages.


Negligent Nursing

Another form of negligent care happens when the nursing staff breaches the standard of care. Negligence in this case may occur during the care of patients before and after treatment or procedures. Examples of this nursing negligence include:

  • Nursing staff fails to properly tend to recovering patients, or
  • Improper medication or the wrong dosage of medication is administered

Even if the injury occurs during recovery, after the procedure or treatment, negligent nursing may be valid grounds for a medical malpractice case.


Misdiagnosis or Delayed Diagnosis

A misdiagnosis or delayed diagnosis of a medical condition, illness or disease can result in severe illness or death. Doctors are required to make medical diagnoses in a competent and skillful manner by following specific methods. If the misdiagnosis or delayed diagnosis occurred because a doctor failed to follow procedure or failed to maintain skillful standards, then they may be at fault for the injury or death. The following are ways in which a doctor may be found liable after a diagnosis resulted in a death or injury:

  • The doctor did not include the correct diagnosis that a doctor of similar stature under similar circumstances would have
  • The doctor did include the diagnosis as a possibility, but did not perform proper tests or seek the opinions of specialists

If it can be proven that the diagnostic error resulted in worse results than would have occurred with a correct diagnosis, then you may be entitled to compensation from the responsible medical provider.


Unrelated Injury

Another situation that may require a medical malpractice lawsuit is if you received an injury that is unrelated to the initial injury or illness while under the care of a medical provider. Cases of this happening may include:

  • Suffering an injury unrelated to the treatment or procedure while under anesthesia
  • Treating, operating on or removing the wrong body part


Lack of Informed Consent

Doctors have the duty of informing patients of any associated risks before performing a treatment or procedure. A patient cannot make a clear and informed decision, one that may be life changing, without a proper understanding of the entire procedure or treatment.

If a doctor fails to inform you of your risks, and you are injured from the treatment or procedure, then they may be held liable for the damages. To do so, you would need to show that had you been aware of the risks prior to the treatment or procedure, then you would not have given consent.

If you suffered an injury as a result of any of the mentioned medical situations, you should contact a medical malpractice attorney immediately. Filing a medical malpractice can be a challenging ordeal. A skilled attorney such as the hospital injury lawyers Memphis TN locals turn to can help navigate your case in a proper manner needed to acquire the compensation you deserve.


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