How to Assess if You are the Victim of Malpractice


To establish whether medical malpractice has occurred generally boils down to whether or not the healthcare professional deviated from accepted standards of care and caused the victim an injury. Doctors and other medical experts usually won’t readily admit to wrongdoing, which means it’s up to the patient and/or the family to determine if something has gone wrong that shouldn’t have.

How do you assess if you’ve been the victim of malpractice?

If any of the following has occurred, you might want to schedule a consultation with a lawyer.

A Mistake Was Made During Surgery or Treatment

Your physician and other healthcare providers are obligated to “do no harm” and comply with standards of medical care. If he or she fails to do that, and that failure leads to pain, illness, further injury or death, you have a right to compensation.

Your Treatment Isn’t Working

If your treatment hasn’t been working as planned, you may have been misdiagnosed. This can result in multiple problems, such as the actual condition progressing as it goes untreated, leading to the onset of worsening health problems or more severe side effects. If you have cancer, for example, that could even lead to your death which may have been prevented otherwise, making it a must to consult a misdiagnosis cancer attorney.  Yet another concern with misdiagnosis is that you may be taking the wrong prescription medication or undergo surgery that isn’t necessary which can harm your health and well-being.

The Doctor Fails to Provide the Attention Your Need

It’s your doctor’s job to provide you with the information you need in regard to a condition that’s been diagnosed, treatment options, and/or information on how to prevent illnesses and diseases you may be at risk for developing. If your doctor fails to give you the necessary attention, whether he or she is uncaring or busy, that’s a problem.

A Second Opinion is Different Than the First

Getting a second opinion is essential when there is a serious diagnosis and treatment given, or if the healthcare professional prescribes a medication that you’ll need to take for the rest of your life. If you go to another doctor and his or her opinion differs different from the original diagnosis, then get a third opinion that is the same as the second, odds are, that the first physician made a mistake.

Unnecessary Medical Procedures or Treatments

Healthcare is incredibly expensive – if you’re told to undergo a pricey procedure or treatment that isn’t necessary, it’s a sign of medical malpractice. Many medical malpractice suits stem from treatment that’s much more extensive than what the patient actually needs. Surgical procedures and invasive testing should only be used as a last resort when less-invasive treatments aren’t an option. If you feel your doctor has recommended and/or performed any unnecessary treatment or procedure, it’s worth obtaining a consultation with a lawyer.

If after assessing whether you’re the victim of malpractice, and you suspect that’s the case, be sure to act quickly as most have a statute of limitations of just two years.

  Disclaimer: All content on this website is for informational purposes only and should not be considered to be a specific diagnosis or treatment plan for any individual situation. Use of this website and the information contained herein does not create a doctor-patient relationship. Always consult with your own doctor in connection with any questions or issues you may have regarding your own health or the health of others.