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What Makes a Medical Malpractice Case? Here are 3 Signs that you Should File

Jul 20, 2018 |

Being the victim of a medical mistake is an overwhelming and scary experience. To know how to best protect yourself, you should know how the law defines medical malpractice. Additionally, below are signs that indicate you should file a case.

What is Medical Malpractice?

Medical malpractice occurs when a hospital, doctor or other health care professional, through a negligent act or omission, causes an injury to a patient. In layman’s terms, medical malpractice occurs when a patient is harmed by a doctor (or other medical professional) who fails to competently perform his or her medical duties. The negligence might be the result of errors in diagnosis, treatment, aftercare or health management.

Examples of medical malpractice:

  • Failure to diagnose or misdiagnosis
  • Misreading or ignoring laboratory results
  • Unnecessary surgery
  • Surgical errors or wrong site surgery
  • Improper medication or dosage
  • Poor follow-up or aftercare
  • Premature discharge
  • Disregarding or not taking appropriate patient history
  • Failure to order proper testing
  • Failure to recognize symptoms

Signs of Medical Malpractice

While it is difficult to clearly identify medical malpractice, there are some signs and situations you can look for, including the following:

  • The prescribed treatment is not working
  • Your symptoms do not correspond to the diagnosis
  • You have received different diagnoses from different health care professionals

Basic Requirements for a Claim

There are few things that have to occur in order to go about filing a claim.

You must have proof of the following:

  • Of the existence of a doctor-patient relationship. You must have been seen by the doctor. You cannot just sue because of casually hearing and following bad advice.
  • The doctor was negligent. This means you must be able to show the doctor caused you harm in a way a competent doctor would not have.
  • The doctor’s negligence caused injury.

As a patient and a patient’s family member, it can be difficult to know whether or not you are a victim of medical malpractice. For more information and help, contact the attorneys at Bentoff & Duber. We know the ins and outs of the legal system and the benefits that can cover your injuries surrounding medical malpractice claims. 216-861-1234 or submit a contact form for a free consultation.

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About the author: Brandon Duber, a Partner with Bentoff & Duber Co., LPA, is a lawyer with proven experience in the courtroom and expertise in the areas of workers’ compensation, criminal defense, personal injury and medical malpractice law. He received his B.A. from Skidmore College in Saratoga Springs, NY and his J.D. from The Case Western Reserve University School of Law in Cleveland, OH.