Filing a Medical Malpractice Lawsuit

Many people are quick to file a lawsuit against a medical professional without substantiation, but there are many times when a lawsuit is necessary in order to compensate for injuries that should never have happened. These injuries may include emotional suffering from misdiagnosis or failure to diagnose a serious illness.

A malpractice suit may also be filed when additional damage occurs while caring for a different condition. For example, the bladder may be damaged while performing a hysterectomy. These additional injuries add to the trauma of the original procedure and sometimes leave emotional scarring in addition to physical trauma and damage.

Balancing Assumed Risks with Professionalism

Anytime someone undergoes a surgical procedure there is a possibility of something going wrong. On the other hand, one puts their life in the hands of a competent medical professional and expects the best of care. When something goes wrong on accident, the resulting complications may be acceptable. When it’s the physician or surgeon’s fault, however, there is no justification for the mix-up. Similarly, one does not expect a surgeon to operate when he is tired or under the influence of drugs or alcohol. Medical malpractice also protects patients from doctors who are inexperienced or negligent in their diagnosis and treatment of their patients.

Making Certain You Aren’t At Fault

Before you consider filing a medical malpractice lawsuit, make certain you are not at fault. For example, if you know of certain conditions you have that may flare up when subjected to certain drugs like anesthesia, and you do not disclose these things to your surgeon, you do not have the right to sue him for malpractice. On the other hand, if these conditions would have been revealed during a pre-surgical physical that the surgeon failed to perform, you can then hold him or her responsible. The key issue in any malpractice case is making certain you are not trying to blame the doctor for something over which he had no control.

It is also possible that you had symptoms of a medical condition that are similar to another condition. In this case, you may receive a misdiagnosis. When this occurs, you generally do not have a malpractice suit unless there are other mitigating factors. For example, if Disease A and Disease B are the same except for one additional symptom, and the doctor fails to recognize that, you may have claim for a misdiagnosis.

There are a number of conditions and situations that may warrant filing a medical malpractice complaint. Some of these include:

• Birthing injuries, such as shoulder dystocia (also known as Erb’s Palsy) or cerebral palsy
• Doctor negligence
• Emergency room errors
• Misdiagnosis of cancer
• Misdiagnosis of stroke
• Misdiagnosis of heart attack
• Misdiagnosis of cauda equine syndrome
• Prescription errors
• Surgical errors

The Consequences of a Medical Malpractice Lawsuit

A medical malpractice lawsuit cannot only damage a doctor’s reputation and livelihood, it can also cost the doctor his or her medical license. That doesn’t mean you should not file a lawsuit for a true case of medical malpractice. At the same time, you want to be certain you have a valid malpractice claim and are not just after monetary gain for yourself at the cost of someone else’s reputation and career.

Be certain you save all of your facts in hand before you consult an attorney in order to file a malpractice lawsuit. This will help save you time and embarrassment when the court rules against you. Do not fail to tell the lawyer if you missed providing the doctor with pertinent information because the other party will show proof that you failed to provide certain facts that would have changed the outcome of your treatment or diagnosis. To learn more or to receive help with your malpractice suit, let CentralJerseyLegalServices.com help.