Medical treatments are meant to heal, but when something goes wrong, the consequences can be devastating. If you believe you or a loved one has been harmed due to a healthcare professional's negligence, you may be wondering if you have a medical malpractice case. At Schmolke Law Firm in Baton Rouge, Louisiana, we're here to help you understand the signs of medical malpractice and guide you through the legal process.

Understanding Medical Malpractice

Medical malpractice occurs when a healthcare provider deviates from the accepted standard of care, resulting in injury or harm to a patient. To establish a valid medical malpractice claim, the following elements must typically be proven:

1. Duty of Care: A doctor-patient relationship existed, obligating the provider to deliver competent care.
2. Breach of Duty: The healthcare professional failed to meet the standard of care expected in their field.
3. Causation: The breach directly caused injury or harm.
4. Damages: The patient suffered quantifiable damages such as medical bills, lost wages, or pain and suffering.

Signs You May Have a Medical Malpractice Case

Consider the following indicators that could suggest medical malpractice:

• Misdiagnosis or Delayed Diagnosis: If a condition was incorrectly diagnosed or diagnosis was significantly delayed, leading to worsening health.
• Surgical Errors: Wrong-site surgery, unnecessary procedures, or leaving surgical instruments inside the body.
• Medication Mistakes: Prescribing the wrong medication or dosage, leading to adverse reactions.
• Lack of Informed Consent: Performing a procedure without explaining the risks involved.
• Birth Injuries: Harm to a mother or child due to negligent prenatal or childbirth care.
• Hospital Negligence: Inadequate staffing, poor sanitation, or failure to follow proper protocols.

Steps to Take If You Suspect Medical Malpractice

• Seek Immediate Medical Attention: Prioritize your health by getting a second opinion or additional treatment to address any harm caused.
• Document Everything:
• Medical Records: Obtain copies of all relevant medical records and reports.
• Personal Notes: Keep a detailed journal of your symptoms, treatments, and interactions with healthcare providers.
• Avoid Discussing Your Case:
• Limit Conversations: Do not discuss your suspicions with the healthcare provider or on social media.
• Preserve Evidence: Keep any physical evidence, such as medication bottles or medical devices.
• Consult an Experienced Attorney:
• Legal Evaluation: An attorney can assess the merits of your case and advise on the best course of action.
• Statute of Limitations: Louisiana law has strict deadlines for filing medical malpractice claims, so timely action is crucial.

Conclusion

Determining whether you have a medical malpractice case can be challenging, but you don't have to navigate this journey alone. If you suspect that medical negligence has caused you harm, taking prompt action is essential to protect your rights.

Contact Schmolke Law Firm today for a free, confidential consultation. Let us help you seek the justice and compensation you deserve.