If a doctor, nurse or hospital makes a mistake when treating a patient, is it always considered medical malpractice? Actually, no. In some cases, medical errors are not considered malpractice. However, it is crucial that anyone who believes he or she has been the victim of medical negligence talk to an injury lawyer about their situation. In these types of cases, every detail matters, and it can take someone with experience to recognize the signs that a patient has been the victim of medical malpractice and prove it in a court of law.
How Do I Know If I Have Been the Victim of Medical Malpractice?
Forbes magazine recently wrote an article about things patients should know about medical negligence, including how you can determine whether you may have been the victim of a medical error. First of all, if you were caused injury, illness or other damages due to a medical provider’s negligence, then you may have been the victim of medical malpractice. However, just that alone may not be enough for you to pursue a medical negligence claim.
Whether or not, you were the victim of medical malpractice can often come down to what happened and how it happened. In some cases, there may have been a surgical error, which leads to your injury or the injury of a loved one. An example could be a birth injury, where a doctor makes a mistake during labor that leads to your child being born with a birth defect, such as a brain injury or brachial palsy. If the birth injury occurred because of a preventable error, like the doctor performing a C-section in a situation where most reasonable physicians would have chosen to perform a vaginal delivery, then you may have grounds for a medical malpractice claim. However, if most other doctors would have performed a c-section in that situation, then you may not be able to sue for medical negligence.
Another factor in whether or not you can pursue a medical malpractice claim is when it happened. If you wait too long after the incident, you run the risk of allowing the statute of limitations to expire, which would mean that even if you can prove that you were the victim of medical malpractice, you could not file a medical malpractice claim against the doctor or hospital responsible for your injury.
If you believe you or someone you love was the victim of medical malpractice, contact the Los Angeles medical malpractice attorneys at Karlin & Karlin, Attorneys at Law and set up a free consultation to speak with them about your situation today.