Being unsatisfied with medical care does not always represent a reason for initiating a malpractice lawsuit. Every medical treatment is subject to risk, level of provider expertise, and just plain good or bad luck.
Consider the facts and then call a medical malpractice attorney to answer your questions definitively on whether or not you have reasonable grounds for litigation.
Which of these scenarios is a possible result of medical malpractice?
- Wrong-site surgery
- Poor cosmetic procedure outcome
- Incorrect advice from medical personnel
- Failure to diagnose illness
- Inappropriate or delayed treatment
Any of these problems may indicate malpractice. However, the courts require certain other elements in order to consider a case valid. Even if you do have a rightful claim, a lawyer may refuse to represent you if it is too difficult to substantiate. Medical laws vary by state, too, so recovering damages may depend in part upon your geographic location.
Obvious practitioner errors, such as performing surgery in the wrong area of the body or leaving instruments inside the cavity, are strong contenders for legal retribution. The timing and performance of treatments will carry a current accepted standard of care, but mistakes will have to be verified by an expert medical witness.
Some surgical procedures, such as cosmetic ones, do not generate predictable outcomes. Malpractice liability in these cases may rest on other factors, such as whether informed consent was requested, or whether the treatment was elective or not.
If you feel you have a reason to sue, contact an experienced medical malpractice attorney at Thomas M. Kiley & Associates, LLP. We will evaluate your case for FREE – 1-800-410-2769.
