Medical negligence can be difficult to prove, and each case is different. If you have to show that you have injuries, then you have to be able to prove that your injuries were caused by negligent medical treatment. If the treatment you received was standard care, there's no personal injury case. If your treatment provider missed an obvious diagnosis that led to injuries, you may have a medical negligence case. Your case depends on how your treatment provider responded to your symptoms, provided treatment, and whether that treatment was traditional and expected.
When your medical provider acts outside of normal procedures and caused additional injury, you will have a reasonable personal injury case to file.
Establish Your Injuries
There are times when your injuries will be obvious, such in the case of going in for a left knee operation and having your right knee operated on instead. Other times your injuries will be subtle and cumulative over time. If you suffered a stroke because of poor medical care and you are not recovering as expected, this may be an injury you can be compensated for. Your ability to earn a living, your pain and suffering, and the percent of your disability will all be looked at when considering the extent of your injuries.
Learn if the Standard of Care Wasn't Followed
The standard of care means you received the typical or traditional care that matches your medical needs. In a simple example, if you have a cut, you would expect stitches or a bandage. If you were given a cloth instead and told to hold it there until the cut heals, this would be an incidence of not following the standard of care. In your injuries, you will want to know what your treatment provider did differently than what is expected or traditional to establish a medical negligence case.
Understand Risk Factors with Your Procedure
If you have surgery or a specific procedure that comes with risks, you'll be asked to sign a waiver ahead of time. If you then face complications, this may not be a medical negligence case. When your provider acted as they should throughout your procedure, this is a complication and not medical negligence.
When you are injured because of medical treatment, it won't hurt to see a medical negligence attorney. Go for an initial consultation to go over the facts of your case and see if you have a viable one to file