Do You Have a Medical Malpractice Claim?

Do You Have a Medical Malpractice Claim?

How to Know

Even under the best of circumstances, needing medical treatment can be very stressful. Placing our trust and health needs in the hands of individuals we may not have even met before puts us in a particularly vulnerable position. When those individuals or institutions let us down, we may struggle to be heard and find adequate answers.

So, what should our next steps be in such situations? Is it time to consult an attorney to explore what we may feel is malpractice?  In some situations, absolutely. In others, a different avenue may be your best option. Your next question is likely how do you distinguish between what may be medical malpractice, and what is likely not?

Medical malpractice law exists to give patients a way to receive compensation for harm that may result from substandard medical care and treatment. In general, medical malpractice requires two conditions to be met:

  1. The first is that a patient received care or treatment that can be demonstrated to be below the accepted standard.
  2. The second is that the medical care or treatment caused significant harm such as injury or death. One way to think about it is what would have likely been the patient result if the error had not been made. If there is little difference in health outcomes or financial impact, a case for medical malpractice likely cannot be made.

Having experienced a medical trauma which does not qualify as malpractice is still a legitimate grievance. You are not just a patient, but a customer who has the right to expect a professional standard of care from your provider and healthcare institution. You are not powerless but have rights and avenues to voice your concerns. The U.S. Department of Health and Human Services has put together a good overview of some steps you can take to address concerns with the quality or responsiveness of your care. The key is to not let yourself be silenced by what can be an unfamiliar and intimidating environment. Your voice does matter and is important.

This is only a very broad overview of what may or may not constitute a medical malpractice case. We have put together a more comprehensive guide including key questions to answer to help you determine whether your situation might fit the criteria for medical malpractice. The actual laws governing medical malpractice differ by state and are extremely complex. If you feel you may have a medical malpractice claim, as experienced attorneys in the field, we would be happy to consult with you to assess the merits.

How To Determine If You Have A Medical Negligence Case

About The Author

A seasoned trial attorney, Attorney Wickenheiser has advocated for victims and their families injured because of medical malpractice, nursing home death, pharmaceutical liability, and product liability. She focuses her practice on representing those who have suffered catastrophic injury and has successfully negotiated numerous settlements, many over a million dollars. She has received many prestigious awards and recognitions. Attorney Wickenheiser is licensed to practice law in Massachusetts.