29 Mar When do I need a Medical Malpractice Lawyer?
When do I need a Medical Malpractice Lawyer?
Medical providers can make mistakes, but these mistakes can sometime become a major obstacle in the life of the one who has suffered the error. Sometimes these mistakes are minor, causing little harm, but a major error, or combination of minor mistakes, can have tremendous consequences for the patients.
If you believe you have a medical malpractice case, please read on. This will help you to determine whether you will require a malpractice lawyer.
In order to prove that medical malpractice has occurred, a lawyer must demonstrate these following items
- A standard of care had been breached and the entity acted in a way that a similarly trained person would not have acted.
- Harm was caused to the patient as a result of this
If proven, chances are you have a medical malpractice case and an attorney will greatly benefit you. Here are two other signs that you may need a medical malpractice lawyer.
The Healthcare Provider Informs You of the Mistake
This is the most straightforward way of knowing whether you will require an attorney – the healthcare provider will inform you that they made a mistake. The program CANDOR (Communication and Optimal Resolution) was developed by the Agency for Healthcare Research and Quality as a means for hospitals and health care providers to address any medical errors.
CANDOR asks that after the mistake is made, the provider should:
- Apologize to the patient
- Offer the patient compensation
- Be honest with the patient and their family about the error
- Investigate the cause of the error
- Provide any updates to the patient or family as the investigation progresses.
This is a highly commendable program but not all healthcare providers have begun to practice these principles. Some hospitals are even reluctant to admit when they or an employee has made a mistake. Regardless of CANDOR, a patient who has suffered harm should always talk to a personal injury attorney.
A Lack of Informed Consent
Any medical procedure can be risky, but if the patient is not informed on how much of a risk the procedure may actually be, then a lack of informed consent can exist. This happens when:
- A medical professional performed a procedure that the patient did not agree to.
- A Doctor did not explain the risks and benefits of the treatment adequately.
Either of these reasons, coupled with the fact that the patient would have declined treatment due to the risk, constitute a lack of informed consent.
These are just several reasons that you may require a lawyer for medical malpractice. If you are asking yourself this important question, we advise you to reach out to a law firm and schedule a consultation. At Kasunic Law, we are happy to talk with you and help with any of your legal needs. Click here to contact us today.