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3 Ways To Prove Medical Malpractice

9 April 2015 by Richard Ramirez

If you have been the victim of medical malpractice, you are probably wondering if there is something that you can do to get some restitution for your damages. Luckily, there are some people who have successfully filed and won medical malpractice lawsuits. Here are a couple ways to prove that you were harmed in a medical malpractice case.

1. Negligent Procedure

One of the main reasons that people file a medical malpractice case is if the doctor treating them was negligent. This means that the doctor had to do something above and beyond what was reasonable. For instance, if a doctor did everything that he could to save a patient, and the patient still died, the family may not have grounds for a medical malpractice suit. If other doctors say that they would have done the same thing in the same situation, then it isn't negligent.

It is negligent when the doctor does something that a reasonable professional wouldn't do. For example, if the doctor was intoxicated, if the doctor took a risky route, or if the doctor ignored the facts and was reckless, then you might have grounds for a medical malpractice suit.

2. Negligent Prescription Writing

Sadly, there are some people who experience serious consequences because someone wasn't careful when they prescribed medication. The doctor must be sure that they are prescribing the right medication, the right amount, and at the right frequency. Otherwise, it could endanger the patient. If a doctor prescribed someone incorrectly, then they could be in trouble with the law. This is why it is important if you believe that you have been the victim of a wrong prescription that you keep all documentation of the prescription. In addition, you should keep any subsequent medical records of problems caused from the medication.

3. No Informed Consent

Before you have any procedure done you have to consent to the procedure. If for some reason the doctor performs a surgery or a procedure on you that you didn't fully understand or agree to, you could sue for medical malpractice.

The doctor should be taking the time to explain the procedure, the risks, and what you need to do to recover and stay healthy. If they fail to do so, or fail to get your signature, they could be open to a medical malpractice suit.

These are just 3 ways that you can prove that there was medical malpractice. If you feel you have been victimized, talk to an attorney, like those from Bennett & Zydron PC, right away. 

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