Top 5 Reasons to Consider a Medical Malpractice Lawsuit

The human body is an intricate machine, and doctors spend years learning how to care for it. However, sometimes things go wrong, and it's not always due to chance.

Here are five key reasons why someone might need to file a medical malpractice lawsuit:
 

1. The Injury Is Clearly Out of the Ordinary

Sometimes an injury or issue occurs that clearly shouldn't have if the medical team was careful.

For instance, things like surgical tools left inside a patient after an operation or a completely bungled procedure are hard to overlook. This falls under a concept called "res ipsa loquitur," meaning the mistake is so obvious, it speaks for itself.
 

2. You Weren't Fully Informed

Before undergoing treatment, it's the medical professional's duty to ensure you're fully aware of what's involved, including potential risks and recovery expectations.

This is known as getting "informed consent." If you weren’t given all the necessary information to make an educated decision about your care, this could be considered negligence.
 

3. The Standard Treatment Wasn't Offered

Doctors are expected to suggest the most accepted and effective treatment for your condition. If a doctor fails to provide the standard treatment, and you suffer as a result, it might be time to explore a malpractice suit.

For instance, if a doctor recommends a less effective treatment over a necessary surgery that leads to complications, they could be held accountable.
 

4. Safety Procedures Were Ignored

Safety protocols, like verifying your identity and operation details repeatedly before surgery, are in place for a reason.

Ignoring these procedures, leading to wrong-site surgery or similar serious mistakes, is a clear case of malpractice.
 

5. The Medical Facility Wasn't Properly Cared For

Hospitals must maintain a clean, safe environment for their patients. This includes having enough qualified staff and working equipment.

If you're injured because the facility was poorly maintained—whether through infection, understaffing, or malfunctioning equipment—this could be grounds for a lawsuit.
 

What to Do If You Suspect Malpractice

Medical malpractice is complex, involving strict standards about what constitutes negligence and how it must be proved. If you believe you've experienced malpractice:
 

• Document everything about your treatment and injury.
• Ask questions and get clear explanations for your care—both what happened and why.
• Consider speaking with a legal professional specializing in medical malpractice.

No medical procedure is without risk, and not every undesirable outcome is due to malpractice. However, understanding the difference between a genuine mistake and negligence is crucial.

If you've been hurt and think it could have been avoided, seeking expert legal advice may help you understand your rights and options.

Remember, this overview is meant to inform and guide. It's always best to consult with a legal professional for advice specific to your situation.

-

Need more legal guides? Check out the articles here.