Ten Signs You Have a Medical Malpractice Case At Hand

Deaths due to a medical error are the third most prominent reason for deaths in the USA. Yet, many people feel that a medical malpractice case is filed only by those who are looking to make some easy bucks.

The truth is that you should always be aware when undergoing treatment at any level. There are many issues that you can classify as medical malpractice cases. You might ignore the signs considering them as a result of your misjudgment.

Here we tell you ten signs that mean you have a medical malpractice case at hand.

1. The prescribed treatment isn’t showing results

If your doctor has prescribed a treatment and that is not yielding results, it could be a misdiagnosis. That is more dangerous as you could end up being sicker or even get injured in the process. The patient, in this case, suffers as the problem for which he needs treatment is not being tended to.

Apart from that, if you are on a medication that is different from the disease, you may suffer from side effects. This could be a possible chance of your situation worsening. Before starting any treatment, taking medical malpractice insurance coverage will help you deal with such circumstances.

2. Your doctor is not answering your questions

As a patient, you have the full right to ask your doctor questions. However, if he refuses to clarify your doubts or is in a hurry to pass you off, it can be considered negligence. This kind of behavior shows that he is not very responsive.

He has to respond to each of your queries. Also, he should tell you what treatment he is prescribing for you so that there is no carelessness in that matter.

3. Errors during surgery

Surgical errors are risky and can arise due to a number of reasons. Some surgical errors which patients often cite as medical malpractice are:

  • Infections due to equipment not being sterilized properly
  • Injuries obtained while placing the patient on the surgical table
  • Receiving the wrong type of surgery

All these errors signify that the hospital has erred big time. The patient can raise this matter as medical negligence, and many of them have won lawsuits under this overhead.

4. If someone on the medical team admits their mistake

This usually is a hard one to get across. Most doctors will never admit that they have made any mistake while treating a patient. However, if any other hospital staff accepts the same and you can provide that as proof, this will be medical negligence.

You will find it very tough to come across such information. However, sometimes, an old staff agrees to support a genuine case. In that situation, you can hope of getting the extra benefit of a reliable witness.

5. Anesthesia mistakes

During surgery, you have to be administered anesthesia. However, often, practitioners make a mistake in doing so, which can have severe repercussions. Some of the common problems arising are:

  • Errors in documentation
  • IV flow rate not controlled
  • Wrong dose of anesthetic
  • Unintentionally administering an anesthetic

Some of the mistakes mentioned arise because the person did not go through your details correctly. Or it could be due to the use of improper equipment and not monitoring your vitals.

6. Lack of consent

Surgeries and other medical treatments can have severe effects. It is the doctor’s job to inform you of what all can go wrong in that case. They should clearly explain this information to you before they start the treatment.

Lack of consent means that the doctor did not explain the risks of the treatment to you. If they had done so, you would never have agreed to the same. Another example, in this case, is a surgery or procedure conducted without your information.

For this to qualify as medical malpractice, you should have suffered some sort of damage.

7. Treatment different from your problem

Often people file medical malpractice lawsuits when they think that the treatment the hospital is giving is different from their actual problem. The treatment could be expensive and not within your means at all.

If you feel that the hospital is providing you unnecessary treatment, you should take a second opinion. Apart from that, surgeries should always be the last resort of treatment. If there is any other way in which you can get treated, and the hospital suggests surgery, you can consider it medical malpractice.

8. Less staff at the facility

If the hospital where you are going for treatment has less staff and you did not receive proper treatment because of that, it is again malpractice. This is particularly true if your health suffers because of this reason.

You will have to prove in front of the court that this problem has led to troubles in your health situation. By raising this matter, other patients can also benefit.

9. You are getting new symptoms

This can be slightly difficult to prove. However, just after the treatment, if new symptoms start showing up, you can raise the matter. The new symptoms should be the result of any negligence or improper treatment to get this one right.

A symptom that is applicable in every surgery or treatment cannot be counted as negligence.

10. Mistreatment causing death

If the treatment leads to the patient’s death and it was because the medication was wrong, you can consider that as negligence. Similarly, hospitals performing wrong surgery or ignoring a patient leading to death all fall under this category.


Often hospitals make mistakes, and some of them can be grievous. If you feel something like that has happened to you, it is better to take it up as soon as possible. You could also get medical malpractice insurance in advance.

Post that if you feel a hospital has made an error, you can claim the loss from the insurance company. However, you have to be particular with the paperwork. Such claims are accepted only after scrutiny, and any missing information could lead to the rejection of the claim.

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