You sought medical care, but something unexpected happened. You think that medical malpractice may have occurred, but you’re not sure. What do you do next? How do you know if you have a medical malpractice case?
Medical malpractice lawyer Robert “Bobby” Jones of Bobby Jones Law explains how to determine if you have a case.
Do I Have a Medical Malpractice Case?
You may have a medical malpractice case if you received medical care that failed to meet professional standards of skill and attention. It may occur by act or omission. If you have suffered an unexpected outcome or complication, or if you are not receiving answers about what occurred, it may be appropriate to talk to a lawyer about whether you have a medical malpractice case.
There are warning signs and indicators of medical malpractice. Here are 10 signs that you have a medical malpractice case.
10 Signs That You May Have a Medical Malpractice Case
1. Your symptoms get worse, or they don’t improve.
You seek medical care to treat a problem, illness, or condition. With care, you want to address the issue, relieve suffering, and prevent additional harm. You may have been told that a certain course of treatment would improve your condition, only to experience worsening symptoms.
Maybe your condition hasn’t changed at all despite care.
A lack of progress in your treatment may be a sign of medical malpractice. It may be an indicator that you didn’t receive the appropriate care. Sometimes, a medical condition is managed and cannot be cured. However, if you are not responding to your treatment as expected, it may be a sign of malpractice.
2. You have new symptoms or unexpected side effects.
Medical malpractice can result in new problems. For example, receiving the wrong medication can cause a harmful reaction. New symptoms or surprising side effects may be an indicator that you received the wrong care. When you experience further problems, it may be cause for investigation.
3. The outcome is outside of the range of possibilities.
Part of competent medical care is informed consent. Before care, your healthcare professional should discuss potential outcomes. You should know what is likely to happen and what may happen.
If you have a medical outcome that is beyond what you were told is possible, it may be a sign of malpractice in multiple ways. First, medical malpractice may have occurred by failing to inform of the potential outcome. Second, having an outcome that is outside the range of possibilities may mean that something went wrong during your care.
4. The diagnosis was made in the late stages.
A late-stage or delayed diagnosis may mean that care providers could have done things to make the diagnosis sooner. They may have dismissed your concerns that something was wrong. They may not have had the knowledge to associate your symptoms with the medical condition.
A doctor must have training and knowledge up to professional standards to recognize a medical condition or refer the patient for additional evaluation. Medical malpractice based on a delayed or late-stage diagnosis is evaluated by the symptoms you presented at the time. The question is whether a reasonable care provider should have been able to make the correct diagnosis.
5. Sudden need for additional procedures.
Medical malpractice may result in a prompt need for additional medical care. You may need to mitigate an urgent situation that arises because of incorrect care. For example, side effects from the wrong medication may need to be counteracted. You may not understand why you suddenly need additional care that was not part of the original plan. It may be a sign of malpractice.
6. They didn’t do things they said they would do.
When you receive medical care, care providers explain what to expect. You know what care you’re going to receive, including surgery, treatment, procedures, tests, medication, and supplies. If these things don’t happen, it may be a sign of omission. Healthcare providers may have forgotten to do something, or they may have given care to the wrong person.
7. Contrary second opinion.
If you suspect that something is wrong, you may get a second opinion. If a second medical care professional gives you a different evaluation, diagnosis, or recommendation, it may be a sign of malpractice.
8. Lack of transparency.
Medical professionals rarely admit that they have committed malpractice. It brings professional stigma; it may threaten their license to practice, and it may create financial liability. If you’re not getting clear answers about what occurred, the lack of transparency may be a sign that they’re hiding something. They should openly talk about your care and answer questions. If you’re not getting answers, you may need to investigate further.
9. Obvious injury.
Sometimes, malpractice is obvious. For example, if a surgical instrument or sponge is left in the body after surgery, malpractice has occurred. Sometimes, medical malpractice is as simple as something being clearly wrong.
10. Admission of fault.
It’s possible that care providers will admit a mistake. If your medical care provider has admitted an error, please contact us to talk about what occurred and your right to compensation.
Get an Expert Opinion About Your Medical Malpractice Case
An expert medical opinion can help you know if you have a medical malpractice case. In addition, it is a requirement in South Carolina to initiate a claim. S.C. Code § 15-79-125 requires a Notice of Intent to File Suit accompanied by an expert affidavit.
Following service of the Notice, you may subpoena medical records and other relevant documents. You may seek leave from the court to take depositions.
Find Out if You Have a Medical Malpractice Case
Do you need to know if you have a medical malpractice case? Talk to lawyer Robert “Bobby” Jones of Bobby Jones Law. He is an experienced lawyer who can give you a personalized evaluation.
Our law firm works with medical experts to investigate medical malpractice and claim compensation for deserving victims. Contact us today.
Recognized by Best Lawyers
At Bobby Jones Law, we are proud of our service to the community as a Greenville medical malpractice lawyer. The community relies on us. We are proud to offer client-driven, quality legal services.
Here are some reasons that people choose our law firm:
- More than $60 million collected for our clients. We can’t promise results – but we promise the same attention and dedication to your case
- Multiple recoveries exceeding $1 million including an eight-figure settlement
- Recognized by Best Lawyers
- Named among the “Best Law Firms” by U.S. News & World Report
- Named to the Top 100 Trial Lawyers by The National Trial Lawyers
- Named to Super Lawyers 2017–2024
- Selected as Legal Elite of the Upstate 2021–2023
The Bobby Jones Law team works tirelessly on behalf of our clients. Talk to an attorney about your potential medical malpractice case today.
