When your loved one is hospitalized, and their condition takes an unexpected turn, how do you know if the problems were avoidable or due to medical malpractice? Family members must be informed about the signs of medical malpractice in the hospital so that you know when rights need to be protected.
If you suspect medical malpractice, then our team is here to help. The most important decision you will make is calling an experienced attorney for assistance; we are here to advocate on your behalf.
What Legally Qualifies as Medical Malpractice?
The term “medical malpractice” means that a provider failed to meet the accepted standard of care, and this failure resulted in direct harm to the patient being treated. There are many factors that can affect medical care, which can make it complicated to prove medical malpractice. In order to have success with your case, four things must be proven:
- Duty of care was in place
- That duty of care was breached
- The breach resulted in the patient’s injury
- There were damages from the injury
Just because a bad outcome happens in the hospital, it doesn’t necessarily mean that you have a medical malpractice case. Sometimes, health issues are outside of the provider’s control, even when the best quality of care is provided. When it comes to medical malpractice, the real question is whether a competent provider in the same situation would have done something different to help the patient.
Warning Signs of Medical Malpractice in the Hospital
Here are some of the most common warning signs that your loved one is a victim of medical malpractice:
- The patient was stable, and then suddenly started to decline without a clear reason why.
- Staff members can’t explain what changed with the patient’s condition.
- Explanations are inconsistent or overly apologetic.
- A procedure was performed without informed consent.
- Medication errors, such as the wrong drug, wrong dose, wrong patient, or wrong route of administration.
- Unexpected wounds, burns, or pressure sores.
Red Flags After Leaving the Hospital
Additionally, there could be signs of medical malpractice after a patient leaves the hospital. For example, if the person’s health continues to decline after they are discharged (even though they are following care instructions), then it could mean that the person was suffering from an untreated condition during their hospital stay.
Another red flag is that another physician diagnoses something that should have been noticed during the hospital stay, such as missed cancer, infection, or a cardiac event.
Also, watch for any gaps or inconsistencies in the medical records. If you suspect an issue, then one of the first things that your attorney is going to recommend is how to get medical records after malpractice. This information can be used as evidence to prove that your loved one was the victim of hospital negligence.
What Are “Never Events”?
While many medical malpractice cases are vague and require extensive evidence to prove the breach of care, sometimes situations occur where serious, preventable errors happen. These “Never Events” are things that should never occur, such as a wrong-site surgery, a surgical instrument left in the patient, or the wrong medication being administered.
When a Never Event occurs, it means that there was an undeniable deviation from the typical care standards. These types of cases are the easiest to win because the mistake is undeniable.
What to Do If You Suspect Malpractice: 72-Hour Action Guide
When you notice signs of medical malpractice in the hospital or after a hospital visit, it’s critical that you follow the necessary steps to optimize the changes for a positive outcome with your case. The actions that you take in the first few days will have an undeniable impact on whether you can get compensation.
Make sure that you are documenting everything, including the dates, times, providers, and all conversations that occurred about your loved one’s condition and treatments. Take photos and videos of any physical changes that are occurring and any visible injuries. Make sure that you file a written request for complete medical records, including the nursing notes, medication records, and imaging.
Always consult with a medical malpractice attorney as soon as possible; don’t talk to the hospital administrator or their insurance providers until you have a lawyer to help. A legal team can answer your question about “how do I know if I have a medical malpractice case”. We’ll also review the hospital documents and relevant information to help you determine the next steps that need to be followed.
FAQs
How do I know if I have a medical malpractice case?
If a medical provider failed to meet the standard of care and it caused harm, then you might have a medical malpractice case. Talk to an attorney right away to evaluate your medical records and get legal advice on the next steps.
Can I still sue if I signed a consent form?
Signing the consent form authorizes the procedure, but your rights are still in place to sue for negligence based on the performance of the treatment or any undisclosed complications.
What is the statute of limitations for medical malpractice in Texas?
In the state of Texas, the statute of limitations is 2 years from the date of the injury or the discovery of the injury. If you don’t file within two years, then you lose your right to file.
You Don’t Have to Figure This Out Alone: Wormington & Bollinger Can Help
Once you recognize the signs of medical malpractice in the hospital, know that you aren’t alone in this journey. You deserve to have a legal advocate who will protect your family’s rights.
Wormington & Bollinger offers the medical and legal expertise that you need to hold the right parties accountable. We offer free consultations and work on a contingency basis, which means that you will have no out-of-pocket expenses until a settlement is received. For more information, contact us today.