Injured From Treatment: Reasons You May Have A Viable Medical Negligence Case

If you believe that you have suffered an injury because of medical negligence, it's important to sit down and meet with a qualified attorney to discuss the specifics of your case. Proving your medical negligence case can be complex. You must be able to prove that your injuries were a direct result of the treatment (or lack of treatment) you received, and prove that the treatment provider acted in a way that was outside the norm. If you think you may have a case, keep reading to learn what may be considered medical negligence.

When You Weren't Informed of the Dangers of the Procedure

Every time you get a medical procedure done, it is common practice to discuss with you all of the potential side effects of such treatment. When you sign paperwork, you often sign an informed consent document, which states that you have been told about the risks of the procedure you are about to undergo. If you did not sign such a document, and you were injured directly from a procedure, you may have a viable lawsuit because you were not informed of the risks involved.

You Received the Wrong Dose or Type of Medication

If you are prescribed a medication that causes you harm, this does not necessarily mean your prescribing physician was negligent. If the medication was not prescribed in the right dose, or prescribing this medication was contraindicated because of other medications you take, this is the first step in proving negligence. If you were not injured because of this medication mistake, then you don't have a viable lawsuit.

The Treatment Provider Acted Outside the Norm

Understanding this aspect of a medical negligence lawsuit is critical, because if your physician provided standard treatment, there is no basis for a medical negligence lawsuit. There are risks associated with many medical procedures, and if your doctor met the standard of care, then you have simply suffered a complication of a necessary procedure. Establishing if your physician acted within the boundaries of what is normal can get complex, and this is when experts may be required in order to assess the treatment you received.

You Have an Injury You Didn't Cause that You Didn't Have Before

Even if you aren't sure what has caused your injury, if you now have an injury directly after medical treatment, you may have a viable medical negligence case. You are not a medical expert, and if you were not suffering from this injury or disability prior to treatment, there is likely a way to prove causality when looking through your medical records. To learn more, speak with someone like Attorney Carole A Gardiner.


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