When Should You Sue for Medical Malpractice?

Medical malpractice lawsuits are sought by patients who have endured injuries or harm due to wrong medical treatment or diagnosis from medical providers, including doctors, nurses, and other hospital workers. However, the determination as to whether medical providers were negligent or didn’t provide proper care often relies on whether the patient received the expected standards of care that another medical provider would have provided in the same situation.

Like other legal suits, determining if you should sue for medical malpractice can be challenging. Below are signs that you have a solid medical malpractice case.

1. Lack of informed consent

Nearly all medical procedures have associated risks and complications. Physicians should explain to their patients impending benefits and risks of procedures beforehand. Lack of informed consent can occur when:
  • A physician performed a medical procedure that the patient didn’t agree to
  • The doctor didn’t disclose the benefits and risks of the procedure
  • The doctor explained the benefits and risks of the procedure, but the patient declined and preferred an alternative
For malpractice cases to be proven before the court, patients should have suffered harm or injury. However, in this situation, your attorney doesn’t have to prove that the healthcare provider deviated from the normal standards of care.

2. If the healthcare Provider admits to the mistake

Healthcare providers should adhere to various principles when providing care. Among the many health care principles is CANDOR, which requires healthcare providers to;
  • Always be honest to their patients and families if a medical error occurs
  • Apologize
  • Offer compensation
  • Investigate the cause of the mistake
  • Continuously update patients about the investigation progress
Unfortunately, most hospitals and healthcare providers ignore these principles and reluctantly admit when mistakes occur. Whether the hospital or service provider admits to the mistakes, patients who suffer actual harm should consult experienced medical malpractice lawyers.

3. Extraordinary Situations

Doctors should explain the foreseeable risks of a treatment or procedure to their patients. However, they shouldn’t describe very unusual risks. A mistake might have occurred if a patient experiences a very unusual outcome following treatment.

For example, let’s say that a patient checks in for a simple abdominal biopsy, which should take a few hours or a day to recover. However, after some weeks, the patient starts experiencing abdominal pain, fever, and bloating. Upon visiting the hospital and examination, doctors visualize a surgical sponge from CT scan images of the abdomen. This is an extraordinary situation that warrants a medical malpractice suit.

Other complications that fall under extraordinary situations include:
  • Postoperative infections
  • Bleeding from operation site
  • Operating the wrong part of the body
  • Brain damage due to sedation
  • Anesthetic mistakes


While these situations don’t occur regularly, medical malpractice cases involving misdiagnosis, breach of patient confidentiality, lack of consent, and provision of poor medical care resulting in injury or harm should be prosecuted. If you or someone you know experiences an instance like this, contact Miami Medical Malpractice Attorney for litigation. Consulting experienced professionals is important if you want to be compensated for your injuries.

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Posted - 01/10/2022