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The Essentials of a Medical Malpractice Lawsuit

The Cambridge dictionary has a very concise definition of negligence, which suits the purpose of this article quite conveniently. Negligence is defined as the fact of not giving enough care or attention to something or someone. The definition is suitable because of two keywords. “Fact” is the first word, while “someone” is the second. The two words are the foundation upon which the first part of this article is built.

Half the battle is won if your lawyer can prove that negligence on the part of a medical professional, caregiver, or healthcare facility is an irrefutable fact. It must be possible for your medical malpractice attorney to show in court that your claim of negligence is a fact. The implication is that you must be willing and capable of providing your medical malpractice attorney with precise factual information.

The information will include dates, names, prescriptions, appointment cards, and any other relevant documents. A successful medical malpractice case is one in which it is easy to prove that negligence was involved. We can now tackle the second part of the Cambridge definition of negligence.

For your lawyer to win a medical malpractice case, he or she must be able to prove that you are an unfortunate victim. You may not desire to be portrayed as a victim, but the case must have “someone” as the subject of negligence. Providing comprehensive information is only one way to empower your attorney in refuting any attempts to depict you as an opportunist.

You must, therefore, not withhold any relevant information no matter how uncomfortable it might be for you to disclose it. The reason being is that the smallest omitted detail is all it takes for you to lose a malpractice case. Do not conceal anything from your medical malpractice lawyer if you intend to win the case. Having clarified what is required on your part as the plaintiff, we can now take a look at three common forms of medical malpractice.

1. Failure to Diagnose or Misdiagnosis

This is the most common medical malpractice claim and revolves around the diagnosis of an ailment or medical condition. A doctor can either incorrectly diagnose an illness or fail to diagnose the disease thoroughly.

In the first of the two scenarios, the doctor labels your particular set of symptoms with the wrong ailment. You might end up taking a prescription for the wrong disease, which could cause your health to deteriorate even further.

In the second scenario, upon failing to determine the identity of your ailment, the medical professional decides to address the symptoms separately. The outcome is that you end up with multiple prescriptions that cause or allow your condition to get worse.

2. Ignoring Patient History

This form of malpractice occurs when a doctor makes a medical decision without taking into account a relevant fact in your medical history. Some examples of such ignored information included allergic reactions to a particular medication, pre-existing prescriptions of contra-indicative medicines, family history for a specific medical condition, and so forth.

Some of the consequences of ignoring patient history include cardiovascular complications, adverse drug reactions that worsen existing medical conditions, paralysis, coma, and so forth.

3. Failure to Order Lab Tests

A doctor might decide to take a short-cut by prescribing medication for an ailment not conclusively verified by laboratory testing. Possible consequences of this decision include drug overdose or underdose, taking medicines that cause a decline in overall health, and so forth.

Final Thoughts

You should have in mind that the state of Idaho has set a two-year statute of limitations for cases involving medical malpractice. This is why you should not wait too long to file your malpractice case.

You should also note that the above information should not, in any way, be construed as legal advice. The purpose of this article is to provide general facts about medical malpractice cases. If there is any issue upon which you desire clarification, make sure to contact Rossman Law Group.