100 years + of collective legal malpractice experience

Is it malpractice?

by | May 19, 2018 | Professional Malpractice |

No one hopes to experience complications following any type of medical procedure in Jacksonville, yet if and when you do, your first thought may be that your doctor or surgeon is guilty of medical malpractice. That may in fact be true in many cases, yet it could be just as likely that your procedure simply did not net the desired results (even after having been performed correctly). The question is how can you tell the difference? 

Like most, you probably want to give your doctor the benefit of the doubt. At the same time, however, he or she should not be absolved of responsibility if he or she performed his or her duties poorly. The place to start your investigation is a review of your medical records. Understand that comprehend the language used by your doctor might be difficult to comprehend. If it is, ask another medical professional (one who would be familiar with the procedure you had done but with no professional ties to the doctor that treated you) to review the record with you. 

What you are looking for is anything that would deviate from the standard protocols associated with your treatment (the standard of care). Per the American Board of Professional Liability Attorneys, these may include: 

  • Failures to take your medical history into account
  • Diagnoses that contradict your clinical tests results
  • Improper medications (or incorrect dosage strengths)
  • The use of unproven or controversial treatment techniques
  • Errors or oversights made when preparing you for admittance or discharge

If any of these indicators are present, you could have a legitimate malpractice claim. If not, then your complications may be due to external factors. That may not be easy to accept, but it may at least point you towards the correct path to help overcome them.