How Do I Know If I Have A Medical Malpractice Claim?

Medical malpractice occurs when a healthcare professional’s negligence or deviation from accepted standards of care leads to harm or injury to a patient. If you suspect that you or a loved one have been a victim of medical malpractice, it’s crucial to understand the elements of a valid claim and the steps to determine whether you have a case worth pursuing. In this blog post, we will explore key considerations and steps to help you assess whether you have a medical malpractice claim.

1. Understanding Medical Malpractice: Medical malpractice refers to the negligence or wrongful actions of a healthcare professional that result in harm to a patient. To establish a valid medical malpractice claim, you need to demonstrate four elements: the existence of a doctor-patient relationship, the healthcare professional’s breach of the standard of care, causation between the breach and your injuries, and the resulting damages or harm you suffered.
2. Recognizing Possible Signs of Medical Malpractice: Certain circumstances may indicate potential medical malpractice. These include unexplained complications, worsening of existing conditions, medication errors, surgical mistakes, misdiagnosis, delayed diagnosis, failure to obtain informed consent, or the presence of obvious negligence or lack of care. If you experience any of these situations, it’s important to further investigate and consult with an experienced medical malpractice attorney like Bethany Schneider.
3. Consultation with a Medical Malpractice Attorney: Seeking advice from an experienced medical malpractice attorney like Bethany Schneider is crucial. These legal professionals specialize in handling medical negligence cases and can evaluate the details of your situation to determine the viability of your claim. They will assess factors such as the standard of care, medical records, expert opinions, and applicable laws to provide an informed opinion on the strength of your case.
4. Gathering Evidence and Medical Records: Obtaining all relevant medical records is essential for evaluating a potential medical malpractice claim. These records include doctor’s notes, test results, prescriptions, and any other documentation related to your treatment. Your attorney may collaborate with medical experts to review the records and determine whether there was a breach in the standard of care.
5. Expert Opinions and Medical Review: Medical malpractice cases require expert opinions to establish the breach of the standard of care. Your attorney will work with medical professionals in the same field as the defendant to review your case and provide an expert opinion. These experts can assess whether the healthcare professional’s actions or omissions deviated from accepted medical standards, causing harm.
6. Statute of Limitations: Be aware of the statute of limitations for filing a medical malpractice claim in your jurisdiction. In Georgia, it is two years. The time limit varies by location, and failing to file within the specified timeframe can result in the loss of your right to seek compensation. Consult with a medical malpractice attorney promptly to ensure your claim is filed within the prescribed time limits.

Determining whether you have a medical malpractice claim requires careful evaluation of the circumstances and consultation with a knowledgeable attorney. If you suspect that you or a loved one have been a victim of medical negligence, seeking legal advice is crucial. An experienced medical malpractice attorney will review your case, gather necessary evidence, consult with experts, and guide you through the complex legal process to seek the compensation and justice you deserve. Remember, understanding your rights and taking prompt action is essential in medical malpractice cases.

Contact us by calling (404) 800-3060 or emailing bethany@schneiderinjuryattorney.com to see if you have a medical malpractice case.