Do I Have a Medical Malpractice Claim?

Every year thousands of people are injured due to negligent or unsuitable medical care. When a doctor, surgeon, or other healthcare professional fails to provide the right type of medical care or makes a mistake while you are in their care, this is known as medical malpractice. If you or a loved one have been injured due to a medical error, you have the right to file a medical malpractice claim.

There are several incidents that can qualify as medical malpractice, with some of the most common being:

  • Surgical errors
  • Misdiagnosis
  • Failure to diagnose
  • Childbirth errors
  • Drug errors
  • Anesthesia errors
  • Defective medical equipment

Some cases may not have straightforward liability, but many instances are clear-cut examples of medical malpractice. A patient who has a foreign object left in his/her body cavity after surgery, a patient who receives a procedure that was intended for another person, or receiving a non-emergency procedure when no consent was given, are all examples of clear-cut medical malpractice.

People who are injured as a result of any of the above situations are generally eligible to file a medical malpractice suit. There are several basic requirements for a medical malpractice claim which can include:

  • A valid doctor-patient relationship
  • Negligence on the part of the doctor, surgeon, medical professional, etc.
  • Proof that the doctor’s negligent or careless behavior directly resulted in the injury
  • The injury suffered caused damage to the patient, which may include physical pain, mental and emotional suffering, additional medical bills, and lost capacity to work.

It is important to remember that not every situation where a course of treatment or medicine fails to cure a malady is malpractice. Medical professionals, even in the best case scenarios, cannot guarantee an outcome for any patient. The difference is when the medical professional failed to provide a standard of care, that any other doctor with the same background, would have provided.

Medical malpractice is a complex area of personal injury law, therefore, it is important to work with a seasoned attorney who has experience fighting for people with similar cases. From insurance companies to big name hospitals, an attorney understands how to defend your rights and seek out the most compensation for your injuries and suffering.

Are you dealing with pain and suffering due to a medical professional’s failure to provide proper care? Contact the experienced personal injury team at Clarke Griffin, LLC today. We are here to fight for our Portland-metro area clients.

Written by Clarke Griffin

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