Bad Outcome Vs. Medical Negligence: What You Need to Know
If you have recently been through a medical experience in which a provider misdiagnosed you, failed to diagnose or if you left the treatment with an outcome separate than what you might have expected, you may be entitled to file a medical malpractice claim.
However, not every bad outcome in a medical treatment scenario necessarily leads to a situation in which you are entitled to file a medical malpractice claim.
As a patient, it is important to be an advocate for your own rights and to consult with an attorney just to be sure. But you can read on to learn more from this blog about whether or not you may be entitled to file a medical malpractice claim.
When Medical Malpractice Applies
In the event that a doctor behaved negligently or treated you differently than another physician in a similar position would have done, you may be entitled to recover compensation via a medical malpractice lawsuit.
You may even be eligible to recover these damages in negotiations and settlement conferences so that you can focus on recovery and moving on with your life. A medical malpractice claim can only exist in a situation where a doctor or other healthcare provider’s negligence caused injury or damages for the patient.
A bad outcome, however, is not always proof of medical negligence. There are also situations in which a healthcare provider might notify a patient that he or she has received negligent care from a prior healthcare provider and may also tell a patient that they themselves have made mistakes in their care as well.
A major motivating factor in this situation is that an honest and quick apology could help to prevent a future claim or lay the groundwork for settlement without the need for litigation.
However, if you believe that you have been a victim of medical malpractice, you need to have your case evaluated by a legal professional as soon as possible to be sure of your rights.
Accepting an apology from the doctor and promising not to move forward with a legal claim could compromise your ability to recover in the future.
Also, you should never agree to anything until you’ve had the opportunity to speak with your medical malpractice attorney. The initial settlement offered by the other side may just be an attempt to resolve things as quickly as possible without fully taking into account all of the issues you may face down the road.
Bear in mind that the medical costs and pain suffering associated with your claim right now might not tell the story for the rest of your life. You may continue to experience pain and have to go through invasive treatments in the future in order to rectify the situation that the doctor caused today.
If you can illustrate for the court that you have sustained critical injuries at the hand of a medical professional who had a duty of care to do otherwise, you may be eligible to recover compensation.
Medical malpractice cases can be extremely complex and costly to litigate which is why the other side may offer up a settlement sooner rather than later. As is mentioned above, however, you should never agree to the settlement until you’ve had a comprehensive talk with your medical malpractice lawyer about whether or not this is in your best interests.
Accepting a settlement might seem tempting at the moment but you need to fully evaluate your injuries and determine how well this settlement offer will actually continue to support you for many years to come.
Signing that you accept a settlement offer may close you off from receiving any benefits associated with this claim in the future. Most settlement agreements contain a language that you would be barred from ever pursuing another legal claim against this provider for this issue.
This is why it is so critical to hire the right medical malpractice attorney to help you evaluate any settlement offers to determine whether or not they are fair.
Get Help from Washington DC Medical Malpractice Attorney Today
Consulting with an attorney is strongly recommended as soon as possible after you believe you have suffered an event of medical malpractice. Only a lawyer can advise you about your rights and tell you whether or not it makes sense to move forward with a medical malpractice claim.