Perhaps you have experienced a poor surgical outcome or believe that you have been misdiagnosed. Unfortunately, even with all of the advancements in medicine, it is not an exact science. So how do you know if you have been a victim of medical malpractice and need to file a medical malpractice claim?

Basically, medical malpractice occurs when doctors or health care providers provide substandard care to their patients. It is important to note however, that not all mistakes in treatment are considered medical malpractice.

Typically, medical malpractice falls into one of the following three categories:

Improper Diagnosis

Depending on the illness, an improper diagnosis can have serious consequences. If a patient is misdiagnosed, and if it reasonable that another doctor would have provided the correct diagnosis, medical malpractice may have occurred.

Medical Mistakes

If a doctor makes a mistake treating a patient, and it can be determined that another doctor would not have made the same mistake, the patient may have a medical malpractice claim. While sometimes the evidence of medical mistakes may be readily apparent, others are not. For instance, if a patient has back surgery to relieve pain, and the pain returns after 6 months post-surgery, it would be difficult to prove that the pain was due to a medical mistake from the initial surgery.

Informed Consent

Patients have a right to be informed of the care they are going to receive. Doctors should inform a patient of all of their treatment options, as well as any known risks. If a doctor fails to obtain the patient’s informed consent regarding treatment, medical malpractice may have occurred. Note, however, that there is an exception to this rule if the medical treatment was due to an emergency situation.

Contact Schwartzapfel Lawyers, P.C. Today

If you suspect that you have been the victim of medical malpractice and want to file a medical malpractice claim, contact Schwartzapfel Lawyers, P.C. today for advice. We have helped thousands of our clients receive the compensation they deserve, and have a 98% success rate! To get started, fill out our online contact form or call us at 1-888-575-6410. We will fight for you!

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