• Oct
    Posted in:
    Posted by: Jarve Kaplan Granato Starr

    When to Call a Medical Malpractice Attorney

    Whether you’re sick, injured or simply going to a physician for a wellness checkup, you walk into your appointment or surgery or emergency or examination room in good faith, expecting that the medical professionals charged with your care will pay close attention and provide you with the benefit of all of their knowledge, experience, and compassion. When they fail in that duty of care and you suffer an injury as a result, it’s time to call a medical malpractice attorney.

    Whether the injury was caused by a physician, a nurse or allied healthcare practitioner, or someone else within the health system, if you suffered real damage that was a result of negligence or carelessness then you may be eligible to file a medical malpractice lawsuit seeking compensation for the damage that you suffered. But it’s important to understand the difference between a mistake or accident and negligence – and it’s also important to know that just because a mistake was made doesn’t mean that damage was done.

    If your physician was careless and failed to diagnose a condition that was later diagnosed by another healthcare provider, it is completely understandable for you to be angry, and if the delay ended up leading to your condition worsening and leading to greater expense or disability (or worse), then you may have a case worthy of a medical malpractice lawsuit. But if you’re just annoyed and you haven’t suffered any real damage, then there is no case to be filed. Proving a medical malpractice claim requires several hard and fast conditions. They are:

    • You must prove that a provider/patient relationship existed between the two of you. That means that you can’t file a medical malpractice lawsuit against a medical professional that you meet at a party and ask for an opinion that turns out to be wrong.
    • You must prove that negligence occurred on the part of the provider.
    • You must prove that the damage you suffered was a result of the provider’s negligence
    • You must prove what the damages were that you suffered as a result of the negligence.

    There is a difference between negligence and a mistake, just as there is a difference between being annoyed and suffering damage. If you think you may be eligible to file a medical malpractice lawsuit, the best way to make sure is to speak to a medical malpractice attorney about your situation. Contact us today to discuss your case.

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