When To Sue For A Medical Malpractice

Mistakes and errors in the medical profession seldom occur. But when they do, it is often with fatal results.

According to national statistics, less than 1% of all doctors nationwide face lawsuits for medical malpractice. Data from the National Association of Insurance Commissioners also revealed that the number of malpractice claims has declined in recent years. Even in Los Angeles, similar studies conducted also showed a decline in the number of claims.

But how do we know when a medical malpractice occurs?

To know that something is wrong or that a medical mistake has been done, especially on serious illnesses, here are practical warning signs:

1. If treatment does not improve your condition or it does not seem to work on you. In this case, it may be time for you to get the opinion of other doctors.


2. Your symptoms do not match your diagnosis. Simply put, your symptoms should match your diagnosis. If they don't, you may have been misdiagnosed.


3. Your diagnosis is based purely on a lab test. If you are in doubt, ask your doctor to have the same tests analyzed by a different lab.


4. The doctor attributes common complaints to an uncommon ailment.


5. Your diagnosis usually involves a test you never received. Go back to your doctor and ask why the test was not given.

Medical malpractice occurs as a result of an action taken by a medical practitioner, or by the failure to take proper medical action.

A malpractice may be considered under the following situations:

• Failure to diagnose, or misdiagnosis of a disease or medical condition


• Failure to provide appropriate treatment for a medical condition


• Unreasonable delay in treating a diagnosed medical condition

Fault And Liability

In some cases, a medical practitioner may also be held liable if a patient does not give "informed consent" to a medical procedure which results in harm to the patient, even if the procedure is performed properly.

However, if the patient is not harmed by the physician's error, the patient cannot recover damages as the result of the error.

To obtain informed consent, a patient must provide information to the health care practitioner in a timely manner and in accordance with the accepted standard of practice of the profession.

Legal Actions

Proving fault and liability in these cases may be difficult. Apart from the statute of limitations imposed on it, a malpractice claim will likely require advice from medical experts and lawyers.

As a general rule in most of these cases, patients must prove the following:

• a physician's duty to act according to a certain standard of care


• a breach of that standard of care


• an injury


• a causal connection between the breach and the injury.

Before hiring a lawyer, you may consider the following things about him:

• Experience with medical malpractice cases


• Experience in a similar cases like yours


• Knowledge of current medical issues


• Resources to take the case to trial, if necessary


• Number of medical malpractice cases brought to trial


• Information on medical experts in most of his malpractice cases

When you consulting attorneys, it would be helpful if you can provide them with copies of any documents or records you have relating to the case. Due to the highly technical nature of litigation, it is usually best to retain an attorney who specializes in medical malpractice law and who has the resources necessary to develop your case, hire appropriate experts and, when necessary, to take your case to trial.