Proving Medical Malpractice Requires a Professional
Posted on Friday, November 8th, 2019 at 3:11 pm
When we go to the doctor or hospital, we are putting our health in the hands of professionals. So, when treatment does not go as planned, it can be devastating. Medical malpractice claims can be complex and should never be pursued without an attorney. It is difficult in some cases, even, for an attorney to prove you have been the victim of medical malpractice.
What May Not be Medical Malpractice
To prove that medical malpractice has occurred, you will have to prove that your medical provider did not act in a manner that meets the accepted standard of care. Just because you are suffering or your health has not improved does not necessarily mean that medical malpractice has occurred. Here are a few situations that may not be considered malpractice:
- Unforeseen Complications – In some situations, things just go wrong that a medical professional cannot predict. These unforeseen situations can lead to considerable suffering and even death, but do not always mean the doctor committed medical malpractice.
- Unsuccessful Treatment – Hardly any medical treatment can be guaranteed to be a success. Just because your treatment was not successful does not necessarily mean you have been the victim of medical malpractice unless the doctor or hospital misrepresented your potential outcome.
- Known Risks That Were Disclosed – Before you undergo treatment, you likely had to sign a variety of consent forms. These forms, whether you read them or not, disclose risks that might occur during your treatment. If you suffer from one of these risks, as long as your doctor disclosed the risk, it is not likely that you can pursue a claim for medical malpractice.
Qualifying for Medical Malpractice
Although there are situations like those above that will not likely qualify for a medical malpractice claim, there are plenty that can, including the following:
- The medical facility or practitioner failed to provide adequate care and it led to complications.
- Your practitioner was not qualified to provide the treatment that resulted in your injury.
- The provider ignored the risks with your treatment and proceeded with the treatment and you were harmed.
- The healthcare provider failed to diagnose you, misdiagnosed you, failed to provide adequate treatment, or provided the wrong treatment for your condition.
- The medical provider was impaired when performing your treatment.
The situations above are only a handful of situations that may lead to medical malpractice. However, it is imperative to understand that medical malpractice is not easy to prove. This is why we strongly recommend that you seek the help of an experienced medical malpractice attorney.
Contact a Georgia Medical Malpractice Attorney Today
If you believe you have suffered at the hands of a negligent medical practitioner, you may be able to receive compensation for your injuries. The attorneys at Jonathan R. Brockman, P.C. have years of experience helping clients get the compensation that they deserve. Your health is one of your most valuable assets and should never be taken lightly. Let us handle your claim so you can focus on your recovery. Contact us today to schedule a consultation.