Do I Have a Strong Medical Malpractice Case?

By February 11, 2015Medical Malpractice

do-I-have-a-strong-medical-malpractice-caseYou’ve recently suffered an injury or an illness, and you think it was due to recent medical care or treatment that you received. At this point, you are wondering if you can get compensation to help pay for additional treatment or care, but you don’t know if your situation would qualify as medical malpractice. The most important thing is to consult a medical malpractice attorney and talk with them about your situation, but there are a few questions you can answer first to determine if you might have a case.

Was I Injured?

To sue for medical malpractice, you must have suffered some sort of injury. If your doctor made a mistake and misdiagnosed you, but it did not affect you negatively, you do not have a malpractice case. If that misdiagnosis led to further injury and health care costs, then this might be an example of malpractice. You should also think about how you were injured. Were they physical injuries that have easy-to-calculate costs? Emotional and psychological injuries are much harder to measure, and in almost all situations cannot justify a malpractice case on their own. But if they caused you to seek a psychiatrist and pay for medication, or had some other measurable cost, it is still a good idea to consult a lawyer and get their opinion.

Did the Doctor Make a Mistake?
For any malpractice case, there must be some mistake that was made by the doctor or health care provider. If you suffered further injury after a surgery, but it wasn’t preventable, you will have no basis to file a claim. Sometimes it is difficult to know if your doctor made a mistake. You should speak with your doctor and ask them for the reasons regarding the complication. You will also want to provide all your medical information to your lawyer who can help determine if a mistake was made.

Was This Mistake Below the Standard of Care?

In any medical malpractice case, you will need to prove that the doctor was negligent and did not act up to the standard of care. This means that the doctor did not act the same way an average doctor would have acted in the same situation. Courts understand that medical diagnoses and procedures are difficult, and some mistakes will happen even under the best intentions and circumstances. Unless you can show that your doctor made an unusually bad mistake, you will not have a malpractice case.

According to, there are some situations where you should always consult with a medical malpractice lawyer just to check if malpractice occurred. Some of these situations include:
• Unsuccessful surgery and/or surgery in the wrong area
• Prescription of the wrong medication
• Violation of medical records and privacy
• Death of family member due to a procedure
• Injury of a child during delivery

Medical malpractice cases are complicated and expensive. Before filing a claim, it’s important to get all the facts and consult with an experienced malpractice lawyer. At Bighorn Law, we are dedicated to working with you and making sure you received the proper care. If you believe you suffered injury because of a doctor’s mistakes, contact us today.

Bighorn Staff

About Bighorn Staff