If you suffered harm due to medical negligence, you may have a case of medical malpractice against your doctor. If you plan to file a lawsuit, there are a few things that you need to keep in mind. Medical malpractice suits are extremely complex and it is crucial to have a medical malpractice lawyer in Harrisonburg, VA, like from MartinWren, P.C., who can build your case and advocate for you. Here are questions to ask before you file a claim.
Was Your Doctor Negligent?
In the medical field, accidents can happen. Not all treatments work for every patient and some illnesses share symptoms with other conditions. It is not uncommon to receive the wrong diagnosis or to have a bad reaction to treatment. This is not always considered medical malpractice, however. Most doctors will inform you of the risks of any treatment beforehand so that you are not caught off guard if something doesn’t work.
Medical error and medical malpractice are two different things. Medical error is an accident or error that is not the result of negligence. Medical malpractice is due to a doctor being careless with your treatment or your diagnosis. In some cases, malpractice involves a doctor who brushed off a patient or sent him or her home without regarding how serious the patient’s symptoms were. If something were to happen to that patient, the doctor is liable.
Negligence is often judged by what a reasonable doctor would do in the same circumstances. If the doctor breached his or her duty of care by acting in a way that others of the same profession and education wouldn’t, then this might be an example of negligence.
Were You Harmed By the Negligence?
A part of medical malpractice lawsuits involves harm. Even if you know that a doctor acted negligently, if he or she did not harm you, then you may not have a case. For example, if a doctor prescribed you the wrong medication, aware that it could make your illness worse or that an approved medication would have better results, this could be due to negligence. However, if you caught the mistake and did suffer any damages, then you would not be able to file a malpractice lawsuit.
If you aren’t sure whether you have a medical malpractice case, discuss your options with an experienced medical malpractice lawyer. He or she will help you build a case against your doctor. For more information, set up an appointment and consultation as soon as possible!