A visit to the doctor’s office is often a nerve wracking experience, whether you planned it or not. But, what happens when the doctor doesn’t listen to the symptoms you have given and sends you off to suffer in silence longterm? Or your symptoms escalate and you are forced to go to the emergency room and foot a hefty hospital bill due to their misdiagnosis or failure to treat? What happens then? Luckily there is a group of people on your side. They will fight for you to not only receive the care you deserve in the future, but they will fight for reparations due to your care in the past.
Going toe-to-toe with any sort of professional or expert may seem daunting, and simply not worth the risk. If you suspect your or a loved one’s doctor has committed an act of medical malpractice, however, it may be time to seek legal help. If you are able to prove that the patient in question did not receive the care they needed, and because of that either suffered further injury or died, a medical malpractice lawyer can help you get the justice you deserve and prevent another person from suffering the same, avoidable fate.
On the other end of the spectrum, are you concerned that you or a loved one received over-treatment? Are the tests ordered by the doctor medically necessary? If not, the patient’s insurance may not cover the costs, making the patient 100% financially responsible. Is your doctor using their practice to profit off of patients?
Either way, if you are unsure whether you have a malpractice case on your hands, this may help you decide. Often referred to as “The four D’s”, this is a short and easy to remember checklist that will help you with winning your medical malpractice case.
The first being Duty. Did the doctor uphold their duty of giving you an adequate check-up for the symptoms that were presented and did they treat accordingly? If the doctor you initially visit and voice your concerns to is not qualified to provide a certain type of specialized care, did they refer you to someone could before turning you away?
The second ‘D’ stands for Dereliction. Did the doctor go above and beyond the treatment discussed and permitted by the patient? For example, while removing a tumor, did the surgeon go as far as removing a completely different organ than was agreed upon because it too was infected? Or did they even remove the wrong limb during an amputation?
The third ‘D’ stands for Direct. Did the doctor on the case make a decision that directly had a negative impact on the outcome? Did the doctor blatantly make the wrong decision in regards to patient care and the treatment plan? Alternatively, is it possible they made the decision as a Hail Mary, knowing that it could potentially work, but there was a slim chance of successfully treating the patient?
The fourth, and final ‘D’ stands for Damages. These are the provable damages, emotional or physical, the patient must live with following the procedure. Are these damages due to doctor’s negligence or mistreatment?
Once you’ve established that all four of these factors have indeed played a part in the resulting condition of the patient, you are well on your way to filing a medical malpractice lawsuit. Find a lawyer that you trust who will fight for the justice the patient deserves and has the patient’s best interest in mind. Hopefully, you and your newly assembled team can prevent this from happening to someone else.