Signs You Are a Medical Malpractice Victim
With so many different types of health issues, treatment plans, and medicine, it may be tough to know whether or not a doctor has taken the correct steps when it comes to your healthcare. Of course, some mistakes are inevitable, and not every one of them warrants a medical malpractice lawsuit. However, medical malpractice may be more common than you think, and you may have even encountered some form of malpractice without realizing it. The following are a few of the signs that you may be a victim.
Many medical malpractice cases revolve around a doctor prescribing a treatment that doesn’t help the condition. For example, a person may only need minimally invasive surgery, or no surgery at all, to treat a specific ailment, but a doctor recommends more complex surgery and tests instead.
On the other hand, other malpractice lawsuits involve an actual mistake that was made during the treatment process itself. If this mistake actually makes a person’s condition worse, or leads to an entirely new injury or ailment, that is a clear case of medical malpractice.
Another major indicator of medical malpractice is a misdiagnosis. While there may sometimes be some confusion regarding what exactly is making a patient sick, that is typically sorted about before any type of serious treatment begins. If you have been undergoing invasive, expensive treatment that is not only improving your condition, but making it worse, you may have been misdiagnosed, which could indicate you are a victim of malpractice.
If you are experiencing any of these issues or others with your healthcare provider, don’t hesitate to seek legal assistance.
Then Again, What are Doctors For?
We trust doctors, right? When we go into hospitals, we expect that they will always be able to fix us, to patch us up and send us on our merry way. Or at the very least, that they will be able to diagnose us and set our minds at ease.
Usually, and we use that term loosely, people exit the hospital feeling a lot better than they did coming in. That’s nice; that’s the way things should be, but not all doctors and hospitals have integrity coursing through their veins; some, either by accident or on purpose, make a mistake that sends you spiraling into the abyss of hurt and debt. We’ve been seeing that a lot this summer, the summer of malpractice – and one area of the country that is afflicted with malpractice is Florida, where medical malpractice lawsuits are becoming the strange and dangerous norm, as reported in this Jacksonville.com article.
Wayne Oliver writes, “Physicians fearful of litigation have turned to defensive medicine. This costs all Floridians more than $40 billion per year. According to the Gallup Organization, this accounts for as much as 26 percent of overall health care spending. A proposal called the Patients’ Compensation System is intended to transform the broken medical malpractice system in Florida and preserve the physician-patient relationship.”
Wow. That’s a bit of an understatement, saying that Florida has a broken medical malpractice system. The system is up in flames – and that might not even be a strong enough image to convey what’s going on down there, but we’ll stick to it. There are so many medical malpractice lawsuits going on that Floridians believe it’s normal, to have a doctor or hospital screw up That is a sad norm – patients ready to sue and doctors practicing defensive medicine.
We hope the relationship improves down there. It’ll certainly take a few years to salvage the relationship. Here’s what we think: doctors and hospitals screw up. They shouldn’t, but they do, and sometimes the system will try to take advantage of a patient. We won’t let that happen. To truly preserve the physician-patient relationship, the bad apples must be removed from the bunch.
Capping Pain & Suffering Suits Unfair
We know it’s a rough world out there; you just need to turn on the TV to any of the news channels and you’re blasted face first with a pie of tragedy – the thing is though, no one’s laughing. Every day it seems like there are fewer people we can trust.
Our list of confidants dwindles with each new day. We wish it were different, we really do, but we’re not ignorant of the facts, of the reality of the situation – bad things happen and they won’t simply go away just because we turn our heads to look at something else. We have to face these things head on, and that includes medical malpractice.
Yes, the medical professionals that we should be able to trust sometimes make mistakes that cost us a lot of money, pain, and time. Unfortunately, though medical malpractice suits have gotten a bad rap over the years, thanks to some bad apples in the bunch, that shouldn’t change the importance of challenging the system, as discussed in this Buffalo Business First blog post.
Michael Petro writes, “Medical malpractice lawsuits have gotten a bad name over the years and often are perceived by the public as frivolous, said Kelley, an attorney at Lipsitz Green Scime Cambria. Thirty-five states already use caps to limit damages for pain and suffering, and there’s talk of further caps to protect the interests of physicians.”
Clearly, we understand the importance of not abusing the system, but we also don’t want a system in place that abuses our clients and fellow patients. We think there’s a right balance that can be reached, but as it sits right now, that balance is not in place. An ideal situation would be one where patients and doctors aren’t taken advantage of, but is that the kind of society we live in? Will equality always be an impossibility? What do you think? Let us know in the comments below.
New York Personal Injury Lawyer | Silberstein, Awad & Miklos, P.C.