How to Tell If You Have a Medical Malpractice Case

How to Tell If You Have a Medical Malpractice Case


If you’ve gone to the doctor or to a hospital to get medical treatment and ended up injured or suffering even more because of a medical error or misdiagnosis, you may assume you have a medical malpractice claim.

This is not always the case.

Medical malpractice claims are a type of personal injury claim stemming from negligent or wrongful action on behalf of any health practitioner. However, in order to have a medical malpractice claim, you must be able to prove:

  • A doctor or healthcare professional was negligent or reckless when treating you, acting in a way that is not standard or would not be considered reasonable by another physician with the same background and given the same information.
  • The negligence or recklessness caused your injuries and losses such as loss of income, pain and suffering or additional hospital bills.

Medical Malpractice Claims Can Be a Challenge

Medical malpractice does not stem from honest mistakes or from doctors who were doing the best they could. Even if the outcomes are catastrophic — a cancer misdiagnosis leading to the death of a loved one, for example — you don’t have a claim if the doctor acted in the patient’s best interests, made an honest mistake or did their best in their capacity as a medical professional.

In order to have a claim, you need to be able to show there was a wrongful act or unreasonable recklessness or negligence. This can be especially challenging since medical doctors often don’t share information about medical mistakes. In fact, hospitals and clinics will sometimes work hard to keep evidence of mistakes and problems from coming to light. If you don’t have a medical background yourself, you might not notice a certain doctor’s actions could be considered negligent.

Was Your Injury Caused by Medical Malpractice?

There may be signs your injury was caused by medical malpractice, especially if:

  • You repeatedly told the doctor about certain symptoms or asked for certain tests and you feel your concerns were not addressed.
  • You were given a wrong medicine or incorrect medicine dosage.
  • Your surgery occurred on the wrong part of the body.
  • You contracted an infection while in a hospital or clinic.

In many cases, medical malpractice claims rely on detailed and technical medical information. Medical consultants and investigators are often involved. These cases can be challenging, but the results of medical malpractice can be devastating and can affect your life for years to come. Even with the challenges involved, it can be important for your future to pursue a claim.

If you think you may have been the victim of medical malpractice, contact Irpino, Avin & Hawkins Law Firm for a consultation. Our law firm in New Orleans is happy to speak with plaintiffs across Louisiana, and you can always click or call our law firm to consult with one of our attorneys. Our firm is independent, and we have won awards as well as recognition for the care we show each client. When you work with us, you work with a legal team absolutely dedicated to your best interests.

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