How to Identify Medical Malpractice and Know When to Seek Legal Help

We rely on medical professionals to treat us when we are sick or injured, but while the vast majority of patients don’t need to worry about receiving inadequate care, accidents do happen. Whether it’s a misdiagnosis or improper treatment, medical malpractice is more common than many might think, so it’s essential that you know exactly what to do just in case it happens to you.

Around 20,000 patients file medical malpractice lawsuits every year in the US, and if you become the victim in one of these cases, Pennsylvania state law gives you the right to seek compensation for your losses. The challenge is that in order to do that, you need to be able to identify the signs so that you can decide if and when you should seek the help of a legal professional. 

If you or someone you love suspects that they are the victim of medical malpractice, here is everything you need to know about how to identify medical negligence and when you should contact a lawyer.

When Should You Seek Legal Help for Medical Malpractice?

You should seek legal help as soon as you realize that you may be the victim of medical malpractice. These types of cases can be incredibly complex and require a lot of lengthy legal proceedings, so the longer you wait, the longer it will be before you can get the compensation you deserve.

Medical malpractice cases, like any other case, are also heavily dependent on the evidence that you can gather. This evidence generally includes medical records, personal memories, and witness testimonies, all of which can be altered or lost as time passes. This means that it is crucial to seek legal representation as quickly as possible to avoid losing any valuable evidence that could help you win your case.

Signs That You Might be the Victim of Medical Malpractice

Unlike many other types of personal injuries, medical malpractice can be difficult to spot. While some cases may be obvious right away, there’s a good chance that you could go days, weeks, or even months before you realize that something is wrong.

Whether you suspect that you are the victim of medical negligence or simply want to be prepared just in case, here are some common signs of medical malpractice that you should look out for.

Your Prescribed Treatment Isn’t Working

If you receive care for an illness or injury but the treatment you receive doesn’t seem to be working, this could be a sign of a misdiagnosis or improper treatment plan, both of which could be medical malpractice.

Your Doctor Only Performed Basic Medical Tests

Some serious medical conditions require a lot more than basic medical testing to diagnose. If you suspect that you have a serious illness or injury but the doctor refuses to order anything other than basic lab tests, this is another sign that they may not be taking your condition seriously enough to properly diagnose you.

a closeup of a stethoscope

Your Treatment Doesn’t Match Your Diagnosis

On the other hand, if you suspect that your medical condition is relatively common but your doctor still orders serious invasive procedures or medication with severe side effects to treat you, this could be another sign that you are the victim of medical malpractice.

You Received a Second Opinion that Doesn’t Match Your Initial Diagnosis

Receiving a second opinion from another reputable medical professional can go a long way to determining if your original diagnosis is correct. If you find that your second diagnosis doesn’t match your original one, this is another sign that your doctor failed to uphold their responsibility to do their job correctly.

You Developed New Symptoms After Surgery

Invasive surgeries always come with some level of risk, but if you develop new symptoms that you were unaware could be a possibility beforehand, it could be due to a negligent mistake on the part of the surgeon.

The Hospital You Received Care at Was Understaffed

Medical professionals who are too busy are much more likely to spend less time on their patients and make mistakes that they otherwise wouldn’t have made if they had sufficient help. If you notice that the hospital you received treatment at was understaffed, this could be yet another sign that you are a victim of medical malpractice.

Your Doctor Did Not Properly Explain Treatment or Procedures

Before a doctor can prescribe a particular treatment, you must give them something called informed consent. This essentially means that not only must you consent to your treatment plan, but you also need to receive all the necessary information to make an informed decision.

If you received treatment without much explanation from your doctor, this could mean that you were unable to give informed consent and are a victim of medical malpractice.

You Were Not Sufficiently Monitored

When you get out of surgery or receive any other type of medical treatment, it’s essential that the medical professionals taking care of you sufficiently monitor your condition. Failing to do so could lead to complications, injuries, or illnesses that could have otherwise been prevented, which is another textbook case of medical malpractice.

a scale of justice and gavel sitting on a desk at a medical malpractice law firm

Contact HoeyLegal Today

Do you suspect that you are a victim of medical malpractice? Are you looking for a Malvern injury lawyer that you can trust to get you the compensation you deserve? Call HoeyLegal!

Here at HoeyLegal, we’re proud to be Chester County’s leading personal injury law firm, specializing in medical malpractice, auto accidents, slips and falls, and many more. We understand just how scary being the victim of medical malpractice can be, but our expert legal team is always here to be the trusted advocate you need to fight for you during such hard times.

No one should have to go through their medical malpractice case alone, and with HoeyLegal on your side, you won’t have to. We even offer free legal consultations so that you can get the expert legal advice you need without ever having to pay anything upfront. Contact HoeyLegal and schedule your free consultation today!

Distracted Driving

Pennsylvania defines distracted driving as “an activity that could divert a person’s attention away from the primary task of driving.” Drivers have to focus on driving, so they can react to the information on the road, such as road conditions, hazards and other drivers. Distracted drivers do not react appropriately and thus put others at risk for severe injury or death. Examples of distractions, besides using cell phones and texting, include drinking, eating, adjusting the radio, adjusting climate controls, adjusting seats, combing hair, putting on make-up, daydreaming, reaching for dropped items, engaging in heavy conversations, and focusing on events outside of the car.

Driving Under the Influence

Driving under the influence typically refers to alcohol use, but drug use can also impair drivers and cause severe car accidents.  In either situation, enjoying cocktails at happy hour, celebrating with drugs or alcohol, drinking too much wine for dinner and unwinding after a long week at work results in too many motorists driving under the influence.  Controlled substances impact each person differently, making it common for someone to misjudge his or her level of impairment.  These poor judgments can lead to severe and sometimes fatal car accidents.

Driver Fatigue

Driving without enough sleep is commonplace for many in the Commonwealth of Pennsylvania and across the nation. Truck drivers, shift workers, and those with sleep disorders are most vulnerable to causing an accident because they are drowsy or fatigued. Not having enough rest slows down reaction time and impairs the senses. In fact, the Federal Motor Carrier Safety Administration (FMCSA) claims that eighteen (18) hours without sleep impairs a driver to the same extent as someone who has a 0.08 blood or breath alcohol concentration after consuming alcohol.

Speeding

The National Highway Transportation Safety Administration (NHTSA) estimates that one-third of all car accidents involve speeding. Drivers who rush, run late, or simply lack patience may choose to speed when they get behind the wheel. Speeding makes it more likely that a driver will lose control of his or her vehicle and makes it more difficult to react to road hazards and other vehicles. Speeding also increases the impact of a car accident and makes it far less likely that a negligent driver may maintain control of his vehicle sufficient to prevent a collision. High speed car accidents make it far more likely that those involved will suffer severe injuries or death.

OBTAIN NECESSARY COURT ORDERS TO PRESERVE EVIDENCE

At HoeyLegal, we know from our litigation experience that tractor-trailer drivers often operate at least one cellular phone which is in use at, during, or immediately prior to a tractor-trailer accident. Additionally, most tractor-trailers are equipped with data recorders which capture, in real-time, important vehicle operation events including speed, hard braking and other evasive maneuvers taken by the operator and the tractor-trailer.  It is imperative that this evidence be obtained before it is destroyed.  At HoeyLegal, our trial attorneys will obtain any necessary court order to preserve this evidence for trial.

IDENTIFY ALL AT-FAULT DEFENDANTS

Oftentimes, there are several defendants responsible for the tractor-trailer accident. In most cases, at least two defendants are responsible for the ownership and operation of the tractor-trailer.  There may be additional defendants responsible for the hiring and retention of the tractor-trailer driver.  At HoeyLegal, our investigators will promptly identify the responsible defendants and immediately request the preservation of all evidence related to the hiring and retention of the driver, inspection of the vehicles and the supervision and drug/alcohol testing of the vehicle operator.

LOCATE, EXAMINE AND INSPECT THE TRACTOR-TRAILER

Our accident investigators include mechanics who will immediately respond to the accident site and the location where the truck has been impounded in order to photograph the truck and conduct necessary mechanical inspections of the vehicle. In the event that a court order is necessary to examine and inspect the trucks, HoeyLegal Attorneys will promptly file the necessary motions to enable the HoeyLegal mechanics and inspectors to conduct a prompt evaluation of the mechanical function of the at-fault tractor-trailer

ACCIDENT RECONSTRUCTION

Our expert accident investigators include former Pennsylvania State Police accident investigators and nationally recognized engineers who will carefully photograph the accident scene and conduct all necessary measurements of skid marks, yaw marks, displacement of debris and thoroughly examine the accident site to preserve all evidence for the time of trial.

INTERVIEW ALL WITNESS

Our investigators will promptly interview and record all witnesses that observed the accident and collect all biographical information from the witnesses so they will available to testify on your behalf at trial.

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