If you are considering getting legal help to be properly compensated for a potential medical malpractice case, having an expert lawyer is a must. However, it is important to examine your case carefully first before filing for a lawsuit since not every medical error will be considered medical malpractice, despite people’s common misconception.
Make sure you know what to do when a case of medical malpractice might have occurred to get the justice you deserve by reading through this guide to start your legal process.
Know for Certain If You Have A Case of Medical Malpractice
In order to know if a case will be considered medical malpractice or not, consider two key factors:
(1) whether your healthcare provider did or did not provide and practice medical treatments according to the proper medical standard of care required;
(2) whether your healthcare provider’s treatment, actions, or inactions contributed to a serious injury happening to you.
It can be challenging to know for sure whether your current situation qualifies for a legal case of medical malpractice as it takes time and experience to correctly identify sufficient grounds for a malpractice lawsuit. The experts of https://www.blumenshinelawgroup.com explain that if you are uncertain about your case, it is best that you seek professional legal advice from attorneys with experience since every case is different and each underlying fact can greatly influence how the case is viewed. Normally, a medical malpractice case is decided when the jury announces their verdict. Therefore, it is always beneficial for you to have an attorney with the expertise to represent you in such a case. You should start getting advice on your case immediately if you are uncertain about your situation and legal grounds. Generally, creditable and professional attorneys will not charge fees for first office consultation time.
Hiring a Legal Expert for your Case
Whether you are experiencing a case of medical error or medical malpractice, it is beneficial for you nonetheless to have an expert lawyer’s help you with your case. Medical mistakes can have serious consequences and so the medical system is highly intolerable to medical malpractices. Hire a legal expert to help you if you suspect that you have been unfairly treated and deserve to be compensated.
Understanding What Defines a Medical Malpractice Case
So as to make the legal process more comprehensive and easier to understand, carefully examine this typical case of a medical malpractice lawsuit:
For a few days, Lucy had been coughing so decided to pay a visit to her primary care physician. Before consulting with her physician, Lucy completed the required medical questionnaire. In this medical questionnaire, Lucy clearly declared her allergy to “codeine” in the allergy declaration section. The physician then proceeded to prescribe Tylenol 3 for Lucy’s cough. Since Lucy visited her primary care physician and carefully filled in her medical questionnaire, she had no reason to question the newly prescribed medicine. However, after taking Tylenol 3, Lucy began to vomit and experienced a high fever.
After being taken to an emergency room by her family, Lucy was told by an ER doctor in the emergency room that she was suffering from fever and vomiting due to taking Tylenol 3, which was prescribed by her physician despite knowing she is allergic to codeine. Lucy was advised by the ER doctor to rest at home and wait until codeine left her system by the next morning. Regarding Lucy’s case, would it be considered as a case of medical malpractice?
Let’s Look at Two Key Factors That Are Important:
Medical Errors Do Happen and Not All Errors Are Medical Malpractice
In Lucy’s case, the primary care physician was clearly at fault for prescribing the medication that contains codeine to Lucy. This can undoubtedly be classified as a case of medical error. However, the case is not strong enough to turn into a case of malpractice. At most, Lucy might be reimbursed for her trip to the emergency room as well as her missed workdays and her psychological trauma experience as she did not have a major injury that resulted in a permanent loss of body function’s ability or disfigurement. Therefore, Lucy experienced a case of medical error and not malpractice.
Medical Errors Can Become Cases of Malpractice
Lucy’s case could have become a case of medical malpractice if she experienced a heart attack or a permanent injury to her stomach, trachea, or esophagus. Medical malpractice is defined by how far below the accepted medical practicing standard does a healthcare providers’ actions fall as compared to other healthcare professionals.
Medical malpractice cases are treated with extreme seriousness due to their potential consequences on humans’ health and wellness. If you have a bad experience during medical treatment, do not attempt to represent yourself in your malpractice case. Unless you take legal action, you will not be seriously taken by healthcare providers. Do what is right and get the legal help you deserve.