How To Know When It’s Time To File A Medical Malpractice Lawsuit

What is fundamental human disposition? It’s our most basic nature. It’s the way we act or feel in response to certain situations. It guides our fight or flight response to danger. And certainly, it leaves us wanting to place blame on another party when something goes wrong — even if there’s no one at fault for what happened in the first place. This happens in response to surgery all the time, because surgery doesn’t always work. It doesn’t always go the way we expect.

That’s why you should always know the signs of medical malpractice before you decide to sign the papers for your next big operation. When you wake up on the other side, you should know what to look for — not because medical malpractice is common, but because it’s always better to err on the side of caution. 

One big indicator of medical malpractice is when the doctor provides a diagnosis and treatment, but you never get better. There are two possibilities. One, you were misdiagnosed. Two, you were correctly diagnosed but your doctor prescribed the wrong treatment. In the worst cases, a doctor might correctly diagnose and prescribe an operation to fix or mitigate the underlying issue, but the surgeon performs the wrong operation (such as amputating the wrong body part).

Either way, you should discuss concerns with your doctor to determine next steps. Should your doctor ignore these concerns, that’s a sign you were correct in your suspicions of medical malpractice. 

Sometimes complications are more difficult to recognize because you don’t know enough about medicine. For example, a surgeon might fail to sterilize an instrument or leave a tool inside your body cavity. You might not know why something is wrong. When you don’t get better following an operation — seemingly without reason — it might be time to find another doctor or surgeon for a second opinion (or even a third, if need be). 

Did you wake up during surgery? This could mean the anesthesiologist made a critical error when determining the required amount of anesthetic. It could also lead to pain and suffering both during and after the surgery. These are good reasons to sue.

Did your doctor explain the risks and rewards of prescribed medication or surgery? Sometimes they don’t do a good job. This doesn’t mean every complication for a low-risk procedure is automatically medical malpractice, but it certainly increases the possibility. 

Another sign of medical malpractice is the onset of an entirely new subset of symptoms, seemingly unrelated to the condition with which you were diagnosed. 

In any of these situations, your condition is likely to go from bad for worse. It’s not your fault and so you should contact a law firm to discuss legal options with an attorney. This rarely costs you anything upfront. Ask for a consultation. Your attorney will help you fact-find and determine whether or not you have a valid case. Remember: don’t be upset if it turns out the surgery didn’t work. Sometimes things just happen.

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