If you recently had a medical procedure and you’re not happy with the way it turned out, you might assume the doctor violated the medical malpractice standard of care and you might expect to have grounds for a lawsuit. Although it’s an unfortunate situation to be in, it’s not automatically grounds for a medical malpractice lawsuit.
If you find yourself in this situation, you need to speak with an Albany medical malpractice lawyer with the Shrable Law Firm right away. We’ll listen to the details of what happened and will let you know if you’ll be able to pursue compensation, and if you can, we’ll tell you how we can help you get the money you deserve.
Contact us online or call (229) 349-6291 to schedule your free no-obligation consultation.
Can you sue if you’re unhappy with your procedure?
Several factors go into determining the answer to that question. In general, there’s no guarantee that any surgery or medical treatment will be successful or have the ultimate desired outcome, but a less-than-desired outcome might not be medical malpractice.
For example, if someone had a gastric bypass procedure and didn’t lose as much weight as they hoped or thought they would, it’s unlikely that they would be able to win a lawsuit. However, if the surgeon was negligent in some way and caused them harm, such as by improperly handling the surgery, then they might be able to take legal action.
When a bad health outcome becomes malpractice
The differences between medical treatment that delivers unsatisfactory results and negligence that gives rise to a medical malpractice lawsuit are substantial. To obtain compensation, you’ll have to prove that the medical standard of care was violated.
Your case will need to satisfy several elements to be valid. These elements will typically include the following:
- The doctor owed a duty of care – This is the easiest element to prove since all medical professionals owe that duty to their patients. They must provide treatment to help with the health issue you’re experiencing.
- They violated that duty – Your attorney will need evidence that proves the doctor failed to meet the “reasonable person” standard. This means you could have a valid case if a reasonable person – one with the same training and background as your doctor – wouldn’t have taken the same actions in the same scenario.
- You suffered harm due to that violation – Next, your attorney will need to show that the medical professional’s violation of their duty of care was the direct cause of the harm you experienced.
- You incurred damages – Your lawyer will need to show that you suffered damages, either economic or non-economic damages, due to the doctor’s negligence. Damages include lost wages, medical bills, emotional trauma, pain and suffering, and more.
Examples of medical malpractice
The following are just a few of the more common examples of medical malpractice.
- A delayed diagnosis results in a worsened condition.
- Misreading lab results or failing to order the correct tests.
- Birth injury due to negligence.
- Medication or anesthesia errors.
- Surgical mistakes, such as working on the wrong part of the body or leaving a surgical tool inside the patient’s body.
How an attorney can help
An experienced attorney will look at medical records and other documents to determine whether the medical malpractice standard of care was violated. They’ll then provide you with an honest assessment of whether or not you have a legitimate case.
If you do, they’ll investigate to find out what happened and who is to blame – and work to make them pay for their negligence.
Talk to a Shrable Law Firm attorney to learn more
At Shrable Law Firm, our Albany medical malpractice lawyers are devoted to advocating for our clients and protecting their rights. We’ll determine if your doctor violated the medical standard of care and will help you obtain the compensation you deserve if you have a viable case.
Please get in touch with Shrable Law Firm right away if you fear you’re the victim of medical malpractice. Call us today (229) 349-6291 to schedule your free consultation.
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