Malpractice can occur for a variety of reasons. Generally speaking, some form of negligence has occurred, and this, in turn, has made your health worse, or you have suffered some health problem from it. This health issue may not be permanent, but it is something that should not have happened, and it caused you needless suffering. The following are three ways you may be or have been a victim of malpractice.
You treatment isn't working
This, by itself, is not malpractice. Treatments often do not work, but when this happens, a doctor will modify the treatment or perhaps begin a different treatment. To continue with a treatment that is not working can create a malpractice if you suffer harm from it. This can happen from the treatment, especially if the treatment can be harmful to someone that does not have the health problem that was diagnosed. There is also the issue of not getting the correct treatment from the start. This delay can lead to your health deteriorating. This may cause permanent damage and needless suffering.
Your diagnosis is delayed
This can happen for many reasons, but often the big problem is that a doctor simply does not take your complaints as seriously as they should. By the time tests are run and a diagnosis is provided, your medical condition has gotten worse. And it can reach a point where you suffer permanent damage that would not have occurred if your complaints were addressed in a timely manner.
You have been overly treated
This can take the form of being prescribed stronger medication than is necessary for your condition, or undergoing surgeries that were not necessary. For example, if you were diagnosed with a heart condition that could have be treated with diet, exercise and medication, but instead, you ended up with open heart surgery. This surgery further eroded your health. Not all surgeries are necessary, and health professionals understand that there are inherent risks with surgery. Unless you absolutely need the surgery, you should think about avoiding it. Surgeries that are optional should be communicated, as such, to a patient. If your health is worse after the surgery and you were never told about the procedure being optional, you may have a case for malpractice.
Keep in mind that not all negative outcomes of treatment are regarded as malpractice, nor is a misdiagnosis or an unsuccessful surgery. Therefore, it is important to consult with an attorney. It is legal definitions and precedents for malpractice that are important. In addition, there are statutes of limitations for filing a malpractice lawsuit. They vary by state, so you should speak to an attorney as soon as possible.