Medical malpractice is the failure or negligence to provide proper medical care. Malpractice also includes substandard care from a medical provider which results in injury or death. Most often when you hear the words medical malpractice, you think of major problems in a surgical procedure or the implantation of an improper device that caused severe trauma.
However, not all cases of medical malpractice are life-threatening. You may be a victim of medical malpractice and not realize it. Some instances of medical malpractice are not always straightforward. The following are some examples of subtler, yet important cases of medical malpractice for which you should be compensated.
Failure to Provide a Standard of Care
Anyone who provides medical treatment must abide by a standard procedure of care. For instance, if you should receive a certain test for your symptoms to help provide an accurate diagnosis and the test was not prescribed by your medical provider, this is a failure to follow the standard of care. This is especially true if you receive the diagnosis without the necessary tests.
Also, if you receive a diagnosis without no follow-up testing, you can make a claim for medical malpractice. Any instance in which you can document the failure of the standard of care, you can make a medical malpractice claim.
A Delay in Your Diagnosis
If you have a delay in your diagnosis and the delay results in the progression of your medical condition, you can make a medical malpractice claim. If the delay in diagnosis is due to any component of your care, which includes missing major symptoms or lost test results, you are a victim of medical malpractice and can make a claim.
Incorrect or Improper Medical Treatment
For a lot of medical conditions, there are multiple treatment options available, such as therapy, medication, and surgery. When your medical condition worsens or does not improve, your medical provider is responsible to make a change in your treatment course. He or she can even refer you to a different provider for additional care if necessary.
When a medical provider fails to follow up on your medical treatment or does not take steps to ensure you were not misdiagnosed, you are a victim of medical malpractice.
Failure to Communicate
When you are a patient, you have the right to know all about your condition. You should be aware of all the treatment options available to you when you are in the care of a medical professional, and you should receive consistent communication regarding your health condition.
If you have questions about your health, you should receive a timely and adequate answer. If your medical provider does not communicate with you or provide you with answers in a timely manner or does not make a time to see you in person, this may signal a case of medical malpractice.
In addition, if a medical provider does not provide you with forthcoming information on your condition or is reluctant to address your questions and concerns, you may be left feeling uneasy. Many patients may think the provider is hiding information or making an attempt to cover a mistake or oversight. The lack of proper communication can be suspect.
If you believe you may be a victim of any form of medical malpractice, you need to collect your medical documents, including your records, lab results, x-rays, and any other evidence you need to make a medical malpractice claim. Medical malpractice of any kind deserves proper compensation. If you need assistance with a medical malpractice claim, please contact our office at Siben & Siben LLP. We will be happy to help you navigate this complex process.