Filing a Medical Malpractice Lawsuit

Although medical science and education are continuously improving, medical malpractice is still a possible reality. There are many ways in which malpractice can occur and it can have severe implications, causing personal injury or even death.


If you believe you’ve been a victim of malpractice, read on to find out what you might need to know in order to file a claim.


Common Medical Malpractice Examples

Medical malpractice typically refers to a level of care that was negligent or substandard, and that caused some sort of harm to a patient. Here are just some examples of what could be considered malpractice::


  • Failure to diagnose or a misdiagnosis of condition
  • Improper medications or dosage administered
  • Insufficient aftercare or premature discharge
  • Misreading of lab results
  • Surgical errors or unnecessary surgery


Building a Strong Claim

An important first step in dealing with a potential medical malpractice situation is determining whether or not there is a reasonable resolution to be worked out with the healthcare provider. Depending on the situation, this could include corrective services at no additional cost or at least at a discounted price.


If this leads to no resolve, one can reach out to the relevant licensing board to put in a complaint in hopes of initiating a fair resolution. And lastly if that fails, it might be time to further look into filing a malpractice claim against the offending medical provider. 


Obtaining Evidence for Your Claim

A successful medical malpractice lawsuit will depend on solid evidence. The plaintiff will need to be able to prove the injuries or illnesses that occurred as result of the malpractice. There is no case if there is not a direct link between the care that was provided and the harm that resulted. 


Therefore, the next step would be to obtain the medical opinion of another qualified doctor, who would then diagnose the harm suffered due to the care that the patient received. Some examples of harm suffered can include but are not limited to the following:


  • Unintended side effects
  • Infections
  • Permanent disability
  • Prolonged hospital stays
  • Life-saving measures
  • Death


Understanding standard of care is a crucial aspect to obtaining sufficient evidence needed for a medical malpractice claim. Just because a medical error occurred does not necessarily mean there was a violation of accepted medical care standards. A doctor is trained to make the most informed decisions based on an acceptable standard of care and medical expertise, but unfortunately sometimes the outcome is not as desired even though appropriate standards were followed. In these cases, the medical provider may not be liable for the harm that was caused.


If one still feels that substandard care was provided, then the next route would be for the patient to obtain a statement from a relevant and qualified medical expert indicating that the did in fact occur due to substandard care. This statement or report should be as detailed as possible in order to support the claim.

If you or someone you know needs help navigating a medical malpractice claim, The personal injury attorneys at Jacobs and Jacobs have the experience needed to handle your claim with care. Contact us for a free consultation today.


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