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Identifying Medical Malpractice

  • If you’re suffering and think you’ve experienced medical malpractice, there are options for recovery. Sometimes the signs of medical malpractice are very obvious, while other times you might not even know you have the right to make a claim. Use this guide to help you identify medical malpractice and know when you or a loved one have been a victim. 

    How Do I Know If My Experience Qualifies for a Medical Malpractice Claim? 

    Medical malpractice happens when a patient is harmed by a doctor or other medical professional who fails to do their duties competently or properly. They might have negligently acted or did not perform the medical duties they were trained to do. 

    To prove medical malpractice, you first need to show a doctor-patient relationship existed. This means you sought the help of the doctor and the doctor agreed to help you. Receipts or proof from the doctor’s office should be enough to show this fact. 

    The Doctor’s Negligence 

    The main part of identifying medical malpractice is to demonstrate there was an injury or a problem directly related to a medical professional’s negligence. You have to prove the doctor was trained properly and reasonably but did not act in a way that reflected their training. 

    Usually, the negligence of a doctor can be proved by getting another medical expert to testify what the accused did was outside of normal procedures. This will show your doctor or medical professional did not act reasonably. 

    You also have to prove the negligence caused injury or further loss. Sometimes the patient or victim might have already been sick or had an injury, so it can require expertise to prove the negligence caused further injury or loss.

    Medical experts will testify to the treatment or protocols they would have followed in the same scenario. 

    Proving the Injuries 

    You can’t sue for medical malpractice unless there has been harm that can be sued for. Injuries can include physical pain, mental anguish, and losing money if you were unable to work because of the injury. 

    If you had to seek additional medical help and had more bills to pay after the incident, you also need to show the negligence caused you to have to visit more doctors and pay more medical bills. 

    Usually, medical malpractice falls into one of the following categories:

    • Failure to diagnose 
    • Proper treatment was denied 
    • Failure to warn the patient of known risks 

    Partner with a Lawyer Today 

    If you need a medical malpractice lawyer, give the Law Offices of Casey D. Shomo a call today at 561-659-6366 to schedule your free consultation. We have a team of experienced lawyers to help you find justice after suffering from medical malpractice. You can also visit our website, and one of our attorneys will get in touch with you shortly.