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How to Know if You’ve Been a Victim of Medical Malpractice

This article is from Emma Sturgis, a freelance writer living in Boston. She writes on a variety of topics, including politics and law. When not at her computer, she enjoys film noir and rock climbing.

Cases of malpractice aren’t always cut and dried. Sometimes you receive care that borders on negligent, and this can leave you wondering whether you might be a victim of malpractice. If the latter is the case, you have a right to be informed of what constituted the malpractice you experienced and any reparations you are entitled to as a result of it. Here are a few common ways to know that you’re involved in a malpractice case.

Your Treatment Did More Harm than Good

If your medical treatment causes further damage, this can be a result of malpractice. Injuries can result from incorrect diagnosis, illegal medical procedures, poorly-trained medical practitioners and staff, or simple negligence.

You Received an Incorrect Diagnosis

Incorrect diagnoses involve failure to correctly identify an injury, failure to perceive the severity or actuality of an injury, and/or failure to use the proper tests to confirm a diagnosis. Any of these can result in complications, further injury, and wrongful death.

Your Doctor Failed to Follow Up

Some diagnoses warrant follow-up testing or mandatory care. If the treatment requires additional visits, it is up to the medical center to follow through and be sure the treatment is complete to the best of their abilities. Patients may not always know when their treatment is concluded, so it’s up to the practitioners to be aware of their schedule and requirements. If you received an incomplete treatment or sustained further injuries from your doctor’s failure to fully investigate your condition, you may have experienced malpractice.

Negligent Care

If you stayed in a hospital or underwent a surgical procedure at a specialists’ office and feel like you did not receive adequate care, then you may want to consult with your lawyer about malpractice. Since hospital patients rely on their attendants to provide comfortable and complete care, malpractice can sometimes occur when these attendants are either poorly-trained or ignorant of proper care-giving practices.

Legal Options for Victims of Malpractice

If you feel that you have a case for taking legal action against our medical provider, speak with a lawyer as soon as possible. A legal consultant will be able to tell you what your best option is for receiving compensation. Most likely, you will choose to settle out of court. Your lawyer will help you get a fair settlement and negotiate with the other side to be sure that the issue is ended fairly.

No medical provider is perfect. But when you’ve been wronged or injured, through either negligence or ignorance, you are entitled to take some action. Once you have determined that you have a case for malpractice, it’s important for you to follow up with legal advice to settle the case properly.

Bob Kraft

I am a Dallas, Texas lawyer who has had the privilege of helping thousands of clients since 1971 in the areas of Personal Injury law and Social Security Disability.

About This Blog

The title of this blog reflects my attitude toward those government agencies and insurance companies that routinely mistreat injured or disabled people. As a Dallas, Texas lawyer, I've spent more than 45 years trying to help those poor folk, and I have been frustrated daily by the actions of the people on the other side of their claims. (Sorry if I offended you...)

If you find this type of information interesting or helpful, please visit my law firm's main website at You will find many more articles and links. Thank you for your time.

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