(HealthyExaminer.com) – You might be surprised at the circumstances that qualify for a medical malpractice claim. These instances aren’t nearly as common as you may think. For instance, if you have cracked ribs because of life-saving CPR, you would not generally qualify for malpractice because of the emergent nature of the situation. However, there are many other cases where you might be considered to be a victim of medical malpractice.
1. Your Condition Worsens
Your condition as a patient should improve after you receive medical treatment and have undergone a period of recovery. All treatment can come with risks, but if you begin to get worse, it could be a sign of medical negligence or malpractice. This can happen when you’ve been prescribed an incorrect medication, received an incorrect dosage, acquired an infection caused by the treatment, or when you’ve received an improper treatment plan.
2. Understaffed or Unsafe Facility
Unsanitary conditions of medical and healthcare facilities could give you grounds to sue for malpractice. Understaffing can also contribute to treatment delays, slower responses to emergency situations, missed treatments or medication doses, and other issues that could contribute to a patient’s worsening condition. Understaffed or unsafe medical facilities could put your health at risk and contribute to worsening symptoms.
3. Physician Doesn’t Believe You
As a patient, if you contact a healthcare provider to discuss symptoms and concerns but aren’t believed, you may be a victim of malpractice. Doctors who ignore health concerns because of their own bias could be at risk of negligence in providing appropriate healthcare and medical intervention. If a doctor refuses to do their due diligence in your treatment by requesting the appropriate tests and labs, you may have a medical malpractice case.
4. Risks of Treatment Aren’t Explained
Healthcare providers are obligated to explain the benefits and risks of any procedure. The patient then must sign waivers acknowledging those risks. You have the right to informed consent, which includes understanding the statistical likelihood of any risk possibility of a treatment or procedure. The physician is required to go over these risks and answer any questions you may have. Medical malpractice can result when there is a failure to disclose the risks of care, particularly when treatments are new or experimental.
5. Different Second Opinion
It’s common to seek a second opinion for a medical diagnosis, particularly if your condition worsens after treatment from one provider. If your condition has gotten worse because of the failure of the first physician to correctly diagnose your condition, you could be a victim of malpractice. It’s particularly important to seek a second opinion if you feel like your doctor is dismissing your concerns or ignoring your symptoms.
How to Get Help
If you or a loved one think you may be a victim of malpractice, it’s important to contact an attorney who specializes in these cases to see if your case qualifies. The attorney will be able to determine if you have a malpractice case and will gather and submit the evidence to the appropriate civil courts. You or your loved ones may be entitled to compensation for your injuries, pain and suffering, or even lost wages during the time of your illness. A malpractice attorney can help you explore the options that are right for you.
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