When can you sue over medical negligence?

March 11th, 2022

We look to doctors and practitioners as professionals who are there to help and have our best interests in mind when it comes to medical care. But unfortunately, malpractice can sometimes occur. Medical negligence can be devastating and have long-term physical, mental, and emotional effects. It can affect the individual and their family and loved ones. From misdiagnosis to unnecessary surgery, incorrect dosages of medicine, or other malpractices, it can be challenging to navigate. Below, we break down medical negligence and dive into some cases you can sue a practitioner. 

What is medical negligence? 

Medical negligence is low-quality care that has been provided by a medical professional. Doctors have to make many decisions regarding people's health, so negligence can sometimes be challenging to prove, but in many cases, it can refer to a misdiagnosis, surgical errors, substandard treatment, or more. If the care leads to a worsening condition or harm to the patient, that can be grounds to file a lawsuit. 

What are some examples of medical negligence? 

  • Surgical errors, including working on the wrong area
  • Failure to diagnose a condition or illness
  • Medication errors
  • Misreading of test results
  • Inadequate follow-up appointments 

What are the most common surgical mistakes?

Many times, surgery errors are the source of medical negligence lawsuits. Below are some of the most common surgical mistakes that can worsen conditions, harm, or even fatality. 

  • Wrong size prosthesis in surgery 
  • Damage to the bile duct following gall bladder surgery
  • Oversights to diagnose appendicitis
  • Perforation of the bowel during abnormal pregnancy
  • Hemorrhages after gynecological surgery
  • Failures to diagnose ectopic pregnancy

When can you sue for medical negligence? 

As shown with the examples above, there is a wide range of situations of medical negligence, but what can you file a lawsuit for? 

1) The medical negligence led to an injury 

If the doctor's treatment, care, or surgery led to an injury, that could be grounds for a lawsuit. Essentially, you need to prove that your doctor was incompetent and that his care led to an injury that is affecting your daily life. 

2) The doctor provided substandard care 

When visiting a doctor for medical care, there is the expectation that a medical professional will follow the rules of accepted practices and treat the person with the highest level of care. If a doctor willingly and knowingly provides care not according to accepted methods, that is considered negligence. 

3) The injury or harm cause severe damages 

This can come in many forms; whether it be loss of income, suffering and hardship, a disability, or more, these are examples of what could be classified as negligence. 

Contact JGL Law for assistance with a medical negligence lawsuit

When you have questions about medical negligence, trust the expert lawyers at JGL Law. Backed by 50 years of experience, we have extensive knowledge of the medical landscape and can help you understand your options. Contact us today for a consultation! 

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