How Do I Know if I Have a Medical Malpractice Case?

You might have a medical malpractice case if a healthcare provider failed to meet the accepted standard of care when treating you, and as a result, their failure to uphold their duty of care directly caused you harm. 

To many people, this sounds like an overwhelming thing to prove, but you don’t have to show proof of medical malpractice by yourself. Instead, contact medical malpractice lawyers who can take on your case and confirm if negligence was involved. 

Signs That You Have a Medical Malpractice Case on Your Hands 

The only way to know with certainty that you have a medical malpractice case is to contact an attorney who understands what these claims entail. However, it doesn’t hurt to familiarize yourself with the signs of medical malpractice cases. 

While every case is different in its own way, certain situations lead to medical malpractice claims more often than others. Let’s take a look at examples of common signs that negligence on the part of a health care professional contributed to your circumstances: 

• You received a delayed diagnosis. 
• You were incorrectly diagnosed. 
• You weren’t diagnosed at all when you should have been.
• Doctors failed to identify a serious condition in a timely manner. 
• You faced unexpected complications after surgery. 
• The surgeon made a preventable error. 
• A doctor operated on the wrong body part. 
• Professionals damaged surrounding structures while treating you. 
• A surgeon left surgical instruments inside you.
• You weren’t monitored appropriately. 

With these situations in mind, it’s also important to understand that medication-related errors can also support malpractice claims. Doctors, nurses, pharmacists, or hospitals can be held responsible if a patient experiences any of these dynamics: 

• Gets handed the wrong medication
• Receives an incorrect dosage
• Has a prescription for a drug that creates a dangerous interaction

Another warning sign occurs when health care providers fail to respond appropriately to symptoms, test results, or patient complaints. 

If medical professionals ignore obvious signs of a serious condition or fail to follow up on abnormal findings, the consequences can be devastating. 

If you experienced a serious injury, worsening condition, additional medical procedures, permanent impairment, or significant financial losses because of a health care provider’s actions, it may be worth consulting a lawyer. 

Understanding What Medical Malpractice Means According to Alabama Laws 

Many people assume that every medical mistake automatically qualifies as medical malpractice. Unfortunately, the law is not that simple. Medical malpractice occurs when a health care provider fails to meet the accepted standard of care, and their failure to do so causes injury to a patient. 

The standard of care refers to the level of treatment that a reasonably competent health care professional would have provided under similar circumstances. With that in mind, not every negative medical outcome is malpractice. 

In other words, doctors aren’t required to guarantee successful results. However, they are expected to provide care that meets professional standards. When they fail to do what they should, and a patient suffers harm as a result, legal action is a possibility. 

The Four Elements You Need to Prove in Your Case 

Medical malpractice claims involve four details that your attorney must prove in order to proceed with the pursuit of compensation. First, there must have been a provider-patient relationship in place prior to the incident that you’re claiming as medical malpractice. 

This establishes that the health care professional owed you a duty of care as the patient. From there, the provider must have breached the standard of care. In other words, they failed to act the way a reasonably competent provider would have acted under similar circumstances. 

Third, the breach must have caused your injury. It’s not enough to show that a mistake occurred because the mistake must be linked directly to the harm you suffered. Finally, the patient must have suffered damages:

• Additional medical expenses
• Lost income
• Disability
• Pain and suffering
• Reduced quality of life
• Other losses 

Each element must be supported by evidence, which is partially why medical malpractice cases are such complicated personal injury claims. 

What Compensation Is Available in Medical Malpractice Claims?

These are the types of compensation victims of medical malpractice cases can pursue: 

• Past and future medical expenses
• Rehabilitation costs
• Prescription medications
• Ongoing treatment needs
• Lost wages
• Diminished earning capacity

In addition to economic losses, patients can seek compensation for physical pain, emotional distress, permanent disabilities, disfigurement, and reduced quality of life. 

That said, every case is unique, and the value of your claim will depend on factors such as the severity of your injuries, the long-term impact you’re projected to endure, the extent of your medical costs, and all evidence available in your case. 

On your behalf, a lawyer with experience handling medical malpractice cases can evaluate these damages and make sure that all of your losses are properly documented by including them in your claim. 

Contact Wettermark Keith ASAP to Know if You Have a Medical Malpractice Case 

If you think you might have a medical malpractice case, call Wettermark Keith for legal input, advice, and representation. Our attorneys have over 50 years of combined experience, and together, we’ve recovered over $1.5 billion in compensation for more than 100,000 people. 

As a team of professionals with backgrounds ranging from insurance defense to investigations and claims evaluation, we understand how to build strong cases. You can count on us to advocate for you at a point in your life where you need legal help more than ever. 

We’ll review the facts of your situation, explain your options, and determine if negligence contributed to the harm you suffered. The sooner you reach out to us, the more time we’ll have to handle your case and pursue the financial recovery you deserve.