Do I Need a Medical Malpractice Attorney?
What is Medical Malpractice?
Not all mistakes made by a doctor are considered medical malpractice. For example, a doctor misspelling your name on a prescription is not medical malpractice. Medical malpractice is when a doctor’s negligence leads to a severe injury or death.
Signs You Have a Medical Malpractice Case
- No informed consent – Informed consent only exists after a doctor has sufficiently explained all the possible benefits and risks of a procedure or treatment and after the patient has given the doctor permission to perform the procedure. A lack of informed consent occurs if the patient would have declined or chosen a different treatment had the doctor thoroughly explained the risks. However, if a case involves a lack of informed consent, the attorney will have to prove that the procedure or treatment harmed the patient.
- Extremely unexpected consequences – It is every healthcare provider’s duty to explain the foreseeable consequences and benefits of any treatment or procedure. However, if a highly unusual side effect or outcome occurs, a doctor or surgeon’s negligence may be to blame. One example is severe abdominal pain and swelling after a surgical procedure. There have been instances where the pain and swelling came from a surgeon leaving surgical tools inside the patient after the operation ended.
How will my Attorney Prove Medical Malpractice Occurred?
There are three primary points that an attorney must prove to show medical malpractice has occurred.
- The doctor had a duty of care to the patient – Which means that there is proof that the patient requested that the doctor care for them, and the doctor agreed to do so.
- Breached the standard of care – The standard of care is one of the very first things that a court will look at in a medical malpractice case. The standard of care is defined by the actions that have been used by other medical professionals treating a person with the same injuries or under similar circumstances.
- The error caused actual harm to the patient – While unprofessional, a simple mistake that did not lead to actual injury is not considered medical malpractice. Medical malpractice is when a doctor’s error causes significant harm to the patient. For example, prescribing a medication that a patient was allergic to without checking their history of allergies. If that patient went into anaphylactic shock, the prescribing physician could be found guilty of medical malpractice.
Get a Reynolds & Reynolds Medical Malpractice Attorney Near You on Your Side
If you are a victim of medical malpractice, the medical malpractice lawyers at Reynolds & Reynolds in Frisco, TX should be your very first call. You need to work with a law firm that knows how to review a medical record, understands medical descriptions of the injuries, and understands how to link your injuries to someone else’s negligence. For decades, our team of attorneys has gotten their clients the compensation they need to recover from their injuries. Find us on social media to learn more about our services, or contact us at our Frisco personal injury office today for your free consultation. There will be no attorneys’ fees unless we obtain financial compensation for you.