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Hurt during surgery? You could have a medical malpractice case

| Apr 30, 2020 | Medical Malpractice

If you go through a standard medical procedure, you don’t expect anything to go wrong. Your provider has performed many similar surgeries, and you are confident that it will be done right.

Let’s say the surgeon had a problem at all. However, the anesthesiologist did. Despite the fact that you’d been clear about your allergies and intolerances, the information hadn’t been added to your chart. You flat-lined on the table. You had a seizure that disrupted the procedure. The entire situation was bad, and you ended up in a serious condition in the ICU for something that should have been a minor, outpatient procedure.

You’re considering whether a medical malpractice claim would be a good idea in your case. You know what went wrong was an accident, but it’s still unacceptable. Is it worth filing a claim, or are you unable to do so since you recovered?

When does medical malpractice turn into a claim?

A patient has a claim if the provider’s actions or inaction cause injury or damages to a patient and aren’t in line with the appropriate standard of care for the medical field. In some cases, medical providers are honest about their errors. In others, health care providers may be the ones to tell patients that they have found errors past physicians made.

Having proof and support for a malpractice claim is paramount to its success. Having a medical provider admit to you that an error took place is an exceptional way for you to gain leverage in your case.

Why would medical providers admit that they made errors?

They may admit that they made errors as a way to avoid litigation. They may hope that apologizing to you is enough to get you to drop a case against them or to take a settlement. In some instances, the goal of the provider and their insurance team may be to try to get you to settle before you talk to your attorney.

Should you consider a settlement after a malpractice-related injury?

Of course, you can consider it but you should never accept a settlement before you have time to see how you’re impacted by the injuries you’ve suffered. You should discuss the settlement offer with your attorney so you can review the case together and decide on the right path forward. The right path may be taking the settlement, or it could mean negotiating further or deciding to take your case to court.