When people need medical treatment, they put their health in the hands of medical professionals with faith that they will receive the treatment they require. Violations of this trust can have dire consequences. Unfortunately, medical malpractice is not uncommon. After receiving inadequate medical treatment, recovering compensation can prove critical.
At Claggett, Sykes & Garza, we can help you determine whether medical malpractice occurred in your case and assist you in building a lawsuit and pursuing compensation. Reach out to us today by phone or through our website to set up a free case consultation with one of our experienced Glastonbury medical malpractice lawyers.
Defining Medical Malpractice
A doctor or healthcare worker is guilty of medical malpractice when their actions fall short of the standard of care established in the medical community and fail to provide their patient with the care an average healthcare worker with their training would provide under the same circumstances.
If a healthcare worker is negligent in their duty to provide patients with adequate care, they will open themselves up to a potential medical malpractice lawsuit. Medical malpractice can cause further harm to a patient or delay the healing process. As a result, the patient may need further expensive medical procedures.
When considering a medical malpractice lawsuit, you need to realize that not all unsuccessful treatments count as medical malpractice. Doctors must often pursue several treatments to find one that works. As long as a doctor treats a patient in a manner appropriate for their symptoms as outlined in the current medical standard of care, they are not guilty of medical malpractice.
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Different Types of Medical Malpractice
Medical malpractice can take a variety of forms. Some of the most common types of medical malpractice include:
- Misdiagnosis
- Delayed diagnosis
- Failure to treat
- Surgical errors
- Birth injury
- Clerical errors
Misdiagnosis
While it can sometimes be difficult to diagnose a patient based on their symptoms, many doctors fail to properly diagnose their patients simply because they don’t take the necessary time to make a proper diagnosis. Assumptions are one of the biggest enemies of health.
A doctor may briefly visit a patient and diagnose them with a condition based on what they observe in that period and the patient’s chart. However, by taking additional time with the patient and asking the right questions, they may discover that the symptoms they are exhibiting are caused by another problem altogether.
Unfortunately, far too often, the time is not taken to ensure an accurate diagnosis, and the patient can suffer significantly.
Delayed Diagnosis
If a doctor delays ordering the necessary tests to diagnose a patient accurately, they can be held liable if the patient’s condition worsens due to the delay. Delays in receiving the necessary treatment can cause irreparable harm and, in some cases, can turn a treatable condition into a fatal one.
Failure to Treat
In some cases, a doctor may correctly diagnose a patient but fail to provide them with the necessary treatment.
Surgical Errors
Surgery comes with risks, which means that a failed surgery does not necessarily constitute medical malpractice. However, if a surgeon conducts themselves in a manner that is not aligned with the current medical standards, they can open themselves up to a lawsuit.
Surgical errors often require further surgeries to correct the problems they create.
Birth Injury
Of course, humans are most vulnerable at the beginning of life, which means that errors in the treatment of pregnant women or during child delivery can have significant and lasting effects on the child.
If your doctor failed to take proper care, and your child was harmed, you can file a medical malpractice lawsuit to recover compensation to pay for any care your child requires.
Clerical Errors
Many medical errors can be traced back to problems with paperwork. An extra zero on a form can lead to a patient receiving a lethal dose of medication. A doctor writing down left rather than right can lead to a patient receiving an operation on the wrong side of their body. Confusion with similar names can result in a patient receiving treatment meant for another patient.
These errors are far too common and avoidable. If you suffer harm because of a medical professional’s negligence, an experienced attorney can help get you the compensation you deserve.
Proving a Medical Malpractice Claim
Four elements must be established to prove medical malpractice. You must show that:
- A relationship existed
- The medical practitioner was negligent
- You suffered damages
- Your damages were caused by the negligence
A Relationship Existed
You must be able to show that the party at fault for your damages was involved in your treatment in some fashion. This relationship must exist while the doctor is acting in a professional capacity. A doctor can not be charged with medical malpractice for failing to provide treatment to a person in need when going about their everyday lives.
The Medical Practitioner Was Negligent
You must prove that the medical practitioner failed to act in a manner consistent with current medical standards. An expert witness can help testify as to how a medical professional with comparative training and experience would reasonably have acted in that position.
You Suffered Damages
You must be able to show that you suffered damages as a result of the negligence. If you didn’t suffer any harm by receiving improper treatment, you don’t have a medical malpractice case.
Your Damages Were Caused by the Negligence
You have to be able to prove that the damages you sustained were the result of the negligence of the medical practitioner. You must show that had they acted prudently, you would not have suffered as you did.
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Get Help from an Experienced Medical Malpractice Lawyer Today
Hiring an experienced attorney can make all the difference when attempting to recover compensation in a medical malpractice case. At Claggett, Sykes & Garza, we are well aware of the challenges these cases can present. As our name suggests, we are willing to take your case to trial to ensure a favorable outcome.
Contact us today by phone or through our website to schedule a free case consultation with a member of our legal team.
