How to File a Malpractice Claim

Malpractice lawsuits can arise from instances where a professional individual, a hospital, or organization made a serious error in providing a service that caused the client or patient physical or financial harm. Most malpractice claims or lawsuits are against licensed professionals like health care providers or attorneys and the companies or organizations they work for. To make a malpractice claim, you must generally show that the performance by the professional fell below a certain level of care and that you suffered an injury because of that failure.

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Is misdiagnosis considered medical malpractice?

Misdiagnosis can be medical malpractice when it is caused by the health care practitioner’s medical negligence. That said, it is important to remember that doctors or other health care practitioners are not required by law to get a correct diagnosis 100 percent of the time. A misdiagnosis can be arrived at through standard tests, even when the tests are performed accurately or evaluated by a skilled doctor with the utmost care.

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I underwent surgery that was later found to be unnecessary. Do I have a medical malpractice claim?

Unless there was no legitimate medical need for the operation, consent was procured by fraud, or the procedure departed from standard medical practice, a patient who undergoes unnecessary surgery will have difficulty filing a successful malpractice lawsuit. Taking legal action against a medical professional for malpractice is challenging under the best of circumstances, and state laws, as well as state standards of practice, vary greatly. In the case of surgery that is later deemed unnecessary, there are several points to consider before pursuing a medical malpractice lawsuit.

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I underwent surgery that was later found to be unnecessary. Do I have a medical malpractice claim?

Unless there was no legitimate medical need for the operation, consent was procured by fraud, or the procedure departed from standard medical practice, a patient who undergoes unnecessary surgery will have difficulty filing a successful malpractice lawsuit. Taking legal action against a medical professional for malpractice is challenging under the best of circumstances, and state laws, as well as state standards of practice, vary greatly. In the case of surgery that is later deemed unnecessary, there are several points to consider before pursuing a medical malpractice lawsuit.

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What happens if a hospital fails to obtain my informed consent?

Hospitals are expected to have policies in place in order to ensure that you give informed consent and if they do not have such a policy or if the policy is not followed, you may be able to hold the hospital liable for hospital medical malpractice. If non-emergency medical treatment was performed on you without sufficient informed consent, you should consult with an experienced hospital medical malpractice attorney as soon as possible to learn what your options are for holding the hospital liable for damages.

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Breaches of Doctor-Patient Confidentiality

Follow this link for a thorough explanation of how a breach of doctor-patient confidentiality could be considered medical malpractice. Doctor/patient confidentiality is essential to successful treatment and diagnosis of a patient’s condition. Patients can reasonably expect that communications with a physician be confidential as long as those communications occur during medical treatment. This is a very important distinction, and goes to the root of the difference between doctor-patient confidentiality and a legal privilege.

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