Personal Injury Law: Situations Eligible For Compensation In A Medical Malpractice Claim

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Doctors do their best to ensure that patients receive the best care possible. However, it's not uncommon for health practitioners to make the wrong judgments or fail to observe their duty of care. This often worsens a patient's condition. You can get justice by suing the negligent doctor when faced with such a situation. 

Unfortunately, not all the alleged medical malpractice cases stand a chance of getting compensated. For this reason, it is advisable to consult a personal injury lawyer to determine the eligibility of your claim. They will advise you to file a compensation case in the following situations.

There's an Unexpected Outcome After Treatment

Generally, a doctor cannot correctly predict the outcome of a medical procedure. However, they should inform you what to expect during and after the treatment. Essentially, the results should be similar to what your physician promised if they follow the right process. But, if the treatment produces an outrageously different outcome, there is cause for concern. Your personal injury lawyer will collect the evidence required to prove that your doctor made a mistake during treatment.

For example, if you underwent a cardiac valve replacement and your recovery takes longer than expected, it's likely that your surgeon made a mistake during surgery. In this case, your attorney will order an x-ray to determine the reason for the prolonged recovery. Besides, abnormal physical symptoms are an indication that an unusual circumstance took place during surgery. For this reason, your medical malpractice lawyer will file a lawsuit to help you get justice for the pain and suffering the medical error caused.

There Wasn't Consent Before Treatment

Typically, your doctor or nurse should explain the risks associated with a medical procedure before treatment starts. And, they should only continue with the treatment if you give them the go-ahead. Failure to do this gives you grounds to sue them for medical malpractice should you develop complications later. Here, you can convince the judge that you could decline the procedure if you understood all the risks involved. As a result, the court will punish the negligent party and order them to compensate you for your pain and suffering.

Though you are eligible for compensation in any of the situations above, you should seek the guidance of a personal injury attorney. They will investigate your issue, identify the negligent party and determine the extent of your injuries. Then, they will file a claim and negotiate a favorable settlement on your behalf.

For more information, contact a company like Cardone Law Firm.