How Do I Know If My Medical Injury Could Result From Negligence?
After you have consulted with a healthcare provider for diagnosis, or have undergone treatment for a medical condition, you should not have to worry about a concealed injury resulting from negligence. However, medical errors can result in serious and even fatal patient injuries. How can you know if your medical injury resulted from medical negligence? The best way to determine whether or not you have a claim is to seek advice from a skilled Birmingham medical malpractice lawyer who can evaluate your case. In the meantime, the following are some issues to keep in mind.
Certain Medical Procedures Have Inherent Risks
Many types of medical procedures, especially complex surgeries, come with attendant risks. Depending on the circumstances, a doctor or other healthcare provider might have acted in a safe and reasonable manner with a focus on patient safety, but an adverse outcome may still occur. Many difficult and complicated surgical procedures lead to adverse outcomes, even when there is no underlying negligence. Examples of such procedures can include thoracic aortic dissection repairs, forms of open-heart surgery, craniotomies and other brain surgeries, spinal surgeries, gastric bypass, many forms of plastic surgery, and other complex procedures.
Nature of Informed Consent
Healthcare providers must ensure that patients understand the risks associated with certain treatment regimens or procedures. As such, informed consent must be obtained from the patient before moving forward. According to the American College of Surgeons, informed consent involves a discussion between the doctor and patient in which the patient understands and acknowledges the nature of his or her procedure and the estimated risks, known complications with the procedure or treatment, possible alternative treatments or procedures, and the consequences of deciding not to have the procedure.
When a Medical Provider Could Be Negligent
In civil claims holding healthcare providers negligent and therefore liable for injuries, you must prove that the medical treatment fell below the standard of care and that there is a direct causal relationship with the patient’s injuries or death. In certain cases, expert testimony from another healthcare provider who works in the same field is necessary. There are additional elements of a medical malpractice lawsuit that you will need to prove, but it is important to first determine the applicable standard of care and whether there was a breach.
Contact Our Birmingham Medical Malpractice Lawyers
Medical malpractice claims are some of the most complex cases to litigate and it is essential to obtain skilled representation to evaluate the underlying medical treatment. One of our experienced Birmingham medical negligence attorneys can speak with you today about your options for filing a claim. Our firm is here to help if you sustained injuries or suffered wrongdoing. Contact Goldasich, Vick & Fulk to learn more.