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When Should You File a Medical Malpractice Claim?

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Medical malpractice, typically the result of medical negligence, is more common than we think. But what exactly is medical malpractice and how do you know if you've experienced it? Medical malpractice is commonly defined as healthcare providers, including doctors, nurses, surgeons, and dentists, acting in a negligent, improper, or unskilled manner that leads to injury, worsening of illness, or even death. If you or a loved one have been neglected by a healthcare provider, you may be wondering what your options are. Know that you're not in this alone. You can file a medical malpractice claim with an experienced personal injury lawyer and get the settlement you deserve. By doing this, you're exposing a serious problem and ensuring that others won't suffer from inattentive or careless healthcare professionals.


How do you know if you have grounds to file a claim? If you have experienced any of the following, you've almost certainly been a victim of medical malpractice and are eligible to file a medical malpractice claim:



  • If you were misdiagnosed or diagnosis was delayed due to neglect.
    When a healthcare provider fails to recognize symptoms, the lack of treatment can have dire consequences and negligence may be at play. Negligence in the form of misdiagnosis or delayed diagnosis that was directly responsible for significant injury, worsening of illness, or death may be a cause a medical malpractice claim.




  • If your medication was administered incorrectly.
    When a medication is administered in the improper dosage or at incorrect intervals, it can be harmful or even fatal. If you suspect that a healthcare provider did not administer your medication correctly and this led to worsening of illness, you may be a victim of medical negligence.



  • If you experienced a surgical error.
    Another form of medical negligence that is cause for a medical malpractice claim are errors during surgery, including improper administration of anesthesia. If you experienced a surgical or anesthetic error that resulted in worsening of symptoms or a new injury, you might be entitled to a claim medical malpractice.



  • If you experienced severe injury during or after childbirth.
    Not all birthing complications are the result of medical negligence, but if you or your baby were left with injuries due to carelessness on the part of a healthcare provider, you have the right to file a claim.




  • If you experienced poor follow-up or aftercare from your doctor or surgeon.
    If you had surgery, your surgeon's job is not done when the surgery is complete. They are responsible for monitoring your condition and ensuring you are recovering appropriately. If you experienced poor recovery or the outcome of your surgery was not successful due to your surgeon and/or doctor failing to give you the appropriate aftercare, you may have grounds for a medical malpractice claim.



Because medical malpractice laws are complex and vary by state, it's necessary to hire an experienced injury attorney to help you navigate the legal system. If you're unsure if you have a case, many personal injury attorneys offer free consultations to evaluate your situation.