So you sought medical attention after an accident and something went wrong. The question is, was it simply an unfortunate event, or have you been made a victim of medical malpractice? If you have a case on your hands, there will be three elements present. A doctor must agree to treat you, breach the Duty of Care, and this breach must result in harm to the patient. Let’s talk it over.

Contract
When you seek medical treatment for anything, whether it be a personal injury, occupational illness, or other, there generally isn’t any physical contract involved. However, there doesn’t need to be one in order to pursue compensation for medical malpractice.

When it comes to healthcare you don’t need to sign a paper to be entitled to proper treatment. As soon as a doctor or specialist agrees to treat a patient, a binding contract has been entered. This means that all medical professionals are legally obligated to provide a specific standard of care to the people they treat. This is called the Duty of Care, and any violation of this requirement is considered negligence.

Breach
How is it determined that the Duty of Care has been breached? Just because the desired results haven’t been achieved, doesn’t automatically mean that the medical expert in question has committed medical malpractice. Sometimes, things happen outside of anyone’s control, and patients do not always fulfill their end of the contract.

Doctors are responsible for executing the expected standard of treatment, but patients have legal responsibilities too. These responsibilities are as follows.

  • Showing up to scheduled appointments and making follow-up appointments when told.
  • Asking for clarification if there is something that isn’t understood about the diagnosis or treatment plan.
  • Following the treatment plan as instructed, for example taking medication and refilling prescriptions, avoiding restricted activities, and making appointments with other specialists.

If the patient hasn’t followed through, then there is no case.

Harm
There must be some harm caused to the patient due to the violation of Duty of Care for there to be a case of medical malpractice. Some examples of this negligence include:

  • Prescribing medication that mixes dangerously with the patient’s other medications, or is dangerous to the patient period.
    • For example, prescribing a medication that warns against use by pregnant women to a patient that is pregnant or trying to get pregnant would be considered negligence.
  • Ordering unnecessary surgery causing the patient to miss work.
    • For instance, if a patient has a tumor that was overlooked in an X-ray and it continues to grow because it hasn’t been treated, the doctor responsible is legally liable.
  • Telling a patient that an activity is acceptable during recovery resulting in further injury.
    • An example would be if a patient with a hernia is told that lifting is no big deal, or not informed that lifting causes more damage.
  • Prematurely sending a patient back to work.

If your doctor makes a minor accident that has no negative impact on the patient, then there is likely no case, and no need to pursue compensation.

The First Step
If you’ve been made a victim of medical malpractice, the first thing to do is hire an attorney to walk you through the legal process. Taking on such matters alone is detrimental to your case.

  • The court maintains specific standards for what constitutes proof, and medical malpractice is already tricky enough to prove without the right resources. One of the legal services that your lawyer provides is gathering the evidence you need to be awarded compensation for your injuries.
  • The defense team of the opposing party will do whatever they can to find holes in your claim and use your own words against you. The right personal injury attorney will be experienced in these scenarios and can protect you from self-sabotage.
  • Paperwork is confusing and overwhelming – especially legal paperwork. If a deadline is missed, the wrong forms sent, a form is filled out incorrectly or missing important information, your case is in jeopardy. Let a legal professional handle it for you.
  • A personal injury lawyer is well versed in the art of negotiation, and knows exactly how much your injury is worth. Without one in you risk accepting a settlement that isn’t enough to cover your lost wages, pain and suffering, medical bills, and out of pocket expenses.

Take advantage of our free legal advice from a lawyer near you when you schedule an initial consultation with our Kansas City based law firm. Don’t suffer in silence; let us fight for the compensation you deserve.