When we seek medical care, we place trust in healthcare professionals to provide competent and effective treatment. However, mistakes can happen, and these errors can sometimes have severe consequences. Medical malpractice, a failure by a healthcare provider to meet the standard of care expected, can lead to devastating outcomes for patients and their families.
If you suspect medical malpractice in your medical treatment or that of a loved one, it’s important to act immediately. The medical malpractice attorneys at Lenahan & Dempsey will guide you through understanding medical malpractice, recognizing the signs, and knowing what actions to take, all while emphasizing your rights as a patient and the pursuit of healthcare safety.
What is Medical Malpractice?
Medical malpractice occurs when a healthcare provider, through negligence or reckless action, causes harm to a patient. This could involve errors in diagnosis, treatment, aftercare, or overall health management. Recognizing malpractice is crucial — not just for securing justice but for promoting safety within the healthcare system.
Patients possess fundamental rights, including the right to competent care and informed consent. Understanding these rights can empower victims to identify issues early and take appropriate actions if malpractice is suspected.
Common Forms of Medical Malpractice and Warning Signs
While medical mishaps range in severity and complexity, there are several recurring forms of malpractice that patients and caregivers should be aware of, along with common indicators.
Frequent Examples of Medical Malpractice
- Misdiagnosis or Delayed Diagnosis: A treating physician may entirely misdiagnose a condition or fail to recognize symptoms in time, resulting in ineffective or delayed treatments.
- Surgical Errors: Mistakes made during surgery, such as operating on the wrong site or leaving surgical instruments inside the patient.
- Medication Errors: Prescribing the wrong medication, incorrect dosage, or overlooking harmful drug interactions.
- Birth Injuries: Complications during delivery that result in injury to the baby or mother due to negligence.
- Nursing Home Neglect: Lack of proper care provided in long-term care facilities, leading to harm or poor health outcomes.
Red Flags of Medical Malpractice
Be alert to these warning signs that could indicate malpractice in a healthcare setting:
- Unexplained worsening of your condition despite treatment.
- Receiving a drastically different opinion from a second doctor.
- Lack of communication or evasiveness from medical staff.
- Surgical or procedural complications not disclosed beforehand.
- Medication side effects that were not properly addressed or documented.
If you notice these signs, it’s essential to act promptly to preserve your rights.
What to Do If You Suspect Medical Malpractice
If suspicions of medical malpractice arise, taking immediate and well-documented steps can strengthen your position. Below are the recommended actions you should follow.
1. Gather Your Medical Records
Medical records are crucial evidence in a potential malpractice case. Request copies of all relevant documents, including:
- Treatment logs
- Test results
- Imaging reports
- Correspondence with healthcare providers
These records provide a detailed timeline of your care and treatment decisions.
2. Seek a Second Opinion
Consulting another doctor allows you to identify mistakes in treatment or diagnosis. This second opinion not only confirms malpractice, if present, but also ensures you receive proper care moving forward. Opt for a trusted healthcare professional who has no affiliation with your current provider to make sure everything is happening as it should.
3. Document Everything
Maintain a thorough record of what you went through. This includes dates, symptoms, conversations with healthcare providers, and concerns you raised. Detailed notes can serve as vital evidence during legal proceedings.
4. Consult a Medical Malpractice Attorney
Reaching out to a medical malpractice attorney is one of the most important steps. Our attorneys focus on evaluating claims, navigating complex medical legalities, and fighting for your rightful compensation. Be open and forthcoming about your situation so they can assess your case effectively.
5. Avoid Discussing Malpractice with Your Doctor
While it may seem logical to raise concerns with your healthcare provider, avoid directly mentioning malpractice. This conversation could complicate your case and allow the provider to craft a defensive stance.
6. File a Complaint with Medical Boards
Depending on your jurisdiction, you may be able to file a formal complaint with relevant regulatory boards. This ensures accountability and may lead to further investigations into the provider’s care.
Protect Yourself and Stay Empowered With Help From Lenahan & Dempsey
When malpractice is suspected, knowing your rights and taking the right steps can make a significant difference. By gathering records, seeking second opinions, documenting events, and working with medical malpractice attorneys, you can protect yourself and others from further harm.
At Lenahan & Dempsey, we are committed to helping victims of medical malpractice. With decades of success in areas like surgical errors, misdiagnoses, and hospital and nursing home negligence, we strive to secure justice for every client.
If you suspect medical malpractice, don’t wait — contact us today for a consultation and take the first steps toward protecting your rights.
*Details on Settlements & Verdicts are found at LenahanDempsey.com. All law firms are required to note that because the facts of each case are different, past performance is not a promise of a future outcome.Â
