Do You Have A Medical Malpractice Case?

While doctors and hospitals do their best to treat patients, problems still occur. Sadly, for the patient, that is little consolation when those problems cause them to suffer needlessly. If something like this has happened to you, you may wish to pursue a medical malpractice case against the doctor or institution to receive some compensation. Learn more details about salt lake city attorney.

Not all medical accidents or mistakes rise to the level of malpractice, though, so it's important that you understand a bit about the subject before pursuing a case. The term "medical malpractice" may apply to cases involving doctors, medical device manufacturers, prescription drug makers, and medical facilities. If one of these organizations or individuals causes injury intentionally, that is malpractice. When doctors or institutions fail to act at the level of competency deemed normal for them, it may also be malpractice. If, however, there was no negligence or malice involved, but merely bad luck, the situation is unlikely to be considered malpractice. Also, if you suffered no injury, even if there was negligence involved, you may not be eligible for damages.

Doctors can be guilty of malpractice for misdiagnosing or failing to diagnose conditions, prescribing or performing the wrong treatment, or performing a procedure incorrectly. When medical device manufacturers produce and sell faulty products, that may also be malpractice. Malpractice may also apply in cases where prescription drugs are involved. Malpractice may also involve cases of abuse and neglect in a nursing home or other long-term care facility.

As an example, a doctor who fails to order the correct tests to diagnose your condition may be guilty of malpractice. If, however, a doctor prescribed you a drug to which you turned out to be allergic, but had no reason to believe that you might be sensitive to that type of drug, it is not likely to be malpractice. If a medical device manufacturer produced and sold a pacemaker, for example, that malfunctioned and caused harm to patients, they may be guilty of malpractice. If the problem was caused, not by a failure with the device, but because of user error, though, the manufacturer would not likely be held responsible.

To help you determine whether your case is likely to succeed, you should consult a medical malpractice attorney. If you've already gotten a settlement offer from the insurance company, you may still wish to consult with an attorney to verify that the offer is fair and that it will be sufficient to cover your future medical bills. If you are not offered a settlement, an attorney is even more important. An attorney will be able to help you find qualified experts to testify on your behalf, prevent you from hurting your case by revealing more information than is necessary to the defendant, and present your case in the best possible way to the jury. For more details about utah malpractice lawyers, click the link.