Tuesday, July 30, 2013

Do I Have a Medical Malpractice Case?

Not all instances of failed treatment are the fault of a medical professional. Indeed, separating failure of the treatment and failure of the doctor is the key to determining malpractice. Sadly, the medical field is still based on trial and error in many ways and many people are improperly treated, not because of a doctor's failure, but due to a failure on our parts to understand how everything in the human body works. In these cases, there is no medical malpractice, only bad luck.

In some cases, however, a doctor will fail to properly treat your condition because of negligence. When that is the case, you may have grounds to file a medical malpractice lawsuit. There are many ways in which a doctor can be found to be negligent.

A doctor may be negligent in prescribing the wrong treatment for your condition. They may prescribe a prescription medication that is not indicated for your condition. It can also be a case of a doctor performing an operation or other procedure that is not the correct one for the condition you've come in with.

Improper diagnosis is another form of malpractice. Improper diagnosis can involve a doctor telling you you have a condition that you do not have. Alternately, your doctor may fail to recognize the signs and symptoms of a condition and not diagnose a problem at all.

It can be hard to prove to a court that negligence is the cause of your injuries, which makes it hard to prosecute a malpractice case successfully. Negligence is more than failing to recognize your condition based on your symptoms, or failing to correct the condition. Instead, the plaintiff's attorneys must prove that the doctor should have been able to properly diagnose or treat the condition but failed to do so because they were not as careful or attentive as they should have been.

You will need to find a doctor or other medical professional who can testify on your behalf. This witness will establish for the court what condition you have and how it should have been treated. They will also be responsible for explaining that a competent doctor should have recognized your condition or prescribed the correct course of treatment. They must also be able to prove that a failure to diagnose the condition correctly, or prescribe the right treatment, is the cause of the injuries currently suffered by the plaintiff. In medical malpractice cases, the medical expert who testifies on your behalf will be a professional witness, or expert witness, who regularly testifies in cases like yours. Take time to visit homepage of the lawyer’s website to know what you need in this case.

A medical malpractice attorney will help you determine whether your particular injuries are the result of negligence. If you do have a case, your attorney will find expert witnesses willing to testify for you in court. Your attorney will also be able to advise you on other relevant matters, including how much to sue for and who to file a claim against.


Review more facts on malpractice attorney help online by going to siegfriedandjensen.com/practice-areas/medical-malpractice for more information.

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