How To Tell if You Have Grounds To File a Medical Malpractice Lawsuit

The third leading cause of death in the U.S. is preventable medical errors. This follows behind heart disease and cancer. However, there is a misconception that the only people who file medical malpractice cases are scammers who want to make a quick buck.

When you seek any type of medical care at any location, you need to listen to your body. If something seems incorrect or confusing, you must speak up. It’s best if you let your doctors know when something feels off right away to help minimize the risk of mistakes or injuries occurring.

According to Lavent Law, there are situations where you could have grounds to file a medical malpractice lawsuit. Here are some of the most common ones you should know about.

The Treatment Isn’t Helping


If your doctor gave you a treatment plan that is not effective, it might mean you were misdiagnosed. If this occurs, you are at a much higher risk of developing more injuries or getting sicker over time. In this type of situation, you are always the victim.

Think of it like this. If your doctor is providing treatment for an illness that you don’t have and there is another issue you are not receiving treatment for, there are two problems occurring. Since most illnesses are going to get worse as time passes, you may notice your health continues to deteriorate, all while you are receiving treatment you don’t need.

Also, if you are taking medication for the illness that you were misdiagnosed with, you may experience potentially dangerous side effects. This is because your body is being given a drug it does not need.

No Follow-Up From Your Doctor


When you receive a diagnosis for any illness or issue, it is only expected that you would have concerns and questions. If your doctor fails to follow up or provide you with information you asked for, it means you aren’t receiving the quality medical care you deserve.

Every doctor should take their patient’s concerns seriously. They should also discuss all the potential treatment plans and answer any questions you may have.

Mistakes or Errors During Surgery

All surgeries, even routine ones, come with some level of risk. However, some can and should be avoided altogether. Some of the surgical errors that you could file a medical malpractice lawsuit for include:

  • The wrong surgery
  • Injuries from being carelessly placed on the surgical table
  • Infections or other complications due to improperly sterilized tools

Each of these errors is a sign of patient neglect. When this happens, the surgeon and entire surgical staff need to be held accountable for their actions.

Issues Resulting in Death


If your doctor or some medical staff member did something that resulted in a loved one’s death, it gives you the right to file a medical malpractice lawsuit. Some of the issues that may cause this include ignoring patients and their needs, performing the incorrect surgery, giving the wrong medication, and more.

Admissions of Fault


There are many medical malpractice lawsuits that turn into a case of, “he said, she said.” Getting concrete proof of medical malpractice can be extremely challenging, however there are instances when these lawsuits are filed as a result of a member of a medical team admitting fault to the patient. When this fault is admitted, you need to do all you can to get a written statement from the medical professional.

Having this documentation can help the lawyer in charge of building your case. Cases of medical professionals admitting fault are rare, but if you do get an admission of fault, the last thing you should do is wait to take action. The longer you wait to file suit for medical malpractice, the harder it will be to achieve a desirable outcome.

The Absence of Informed Consent


Before going in for a serious medical procedure, most people will be extremely nervous. It is the job of a medical professional to lay out the details of the procedure and answer any questions you may have. As they discuss this procedure, the doctor should go over all of the risks and possible side effects.

If you feel like your doctor did not discuss the risks associated with your treatment, then you may have grounds for a medical malpractice case. The lack of informed consent can lead to a patient making bad decisions regarding a medical procedure by not understanding the full picture of risk.

There are also cases when medical professionals perform procedures without getting consent from the patient ahead of time. This can also be grounds for a medical malpractice lawsuit. Discussing the details of your case with a legal professional can help you figure out whether or not to pursue a lawsuit.

The Appearance of New Symptoms


Another common problem that may indicate you could have a medical malpractice case is the appearance of new symptoms following a recent procedure. Even the smallest mistake during a surgery can lead to long-term damage.

This is why you need to take note of any new health problems you have after a medical procedure. The appearance of new symptoms could be an indication that the doctor who performed the procedure has made a mistake.

Going to a new doctor and getting a second opinion regarding what is wrong is also important. By doing this, you can start compiling the evidence you need to win your medical malpractice case.

Hire an Attorney for Help With Your Medical Malpractice Lawsuit


If you believe that you are dealing with a medical malpractice situation, hiring an attorney is a smart move. Be sure to research the options in the area and find someone who can handle your case and needs, such as professionals from

Being informed and knowing what constitutes a medical malpractice case will help ensure you get the recovery you deserve for the injuries, pain and suffering you have experienced.

Keep the information above in mind and if you have more questions, and be sure to reach out to a medical malpractice attorney for help. With their help, you can build a winning case.