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  4.  – How can you know if it’s truly medical malpractice?

How can you know if it’s truly medical malpractice?

When you go to the doctor, you do so with the expectation that you will have a positive experience with the medical professionals you encounter. You have the right to expect that they will treat you with respect and dignity, and that the care you will receive meets a certain standard. It can be devastating and confusing to receive treatment that is subpar or that actually leads to a worsening of your medical condition and the pain you are experiencing.

If the care you received from your Oregon doctor, surgeon, nurse or other type of care provider resulted in your pain and suffering, you could be the victim of medical malpractice. It is helpful for every patient to have an understanding of what counts as medical malpractice and what to do if they experience it. You do not have to remain silent or suffer in silence.

Grounds for legal action

There are no guaranteed outcomes in medicine, but there are strict safety protocols and standards in place designed to protect patient well-being and give the highest chance of success. If your doctor was careless or negligent in even one small matter, it could have devastating consequences for you. In order to successfully seek compensation in a legal claim against the responsible party, your claim must be able to prove the following elements:

  • The doctor has a duty of care to you, which is to provide you with quality treatment and support.
  • The doctor violated that duty of care through a bad decision, failure to intervene, reckless action or other reason.
  • The negligence of your doctor led to an increase in your pain and suffering, worsening of an illness and more.
  • This additional pain and suffering led to financial loss, emotional duress, mental strain and other problems.

If you believe that the actions or inaction of your care provider is the reason for your continued pain and suffering, you will benefit from taking immediate action. You have the right to know if you have grounds to pursue a civil claim, which is a time-sensitive course of action. An assessment of your case will help you see what steps you can take to seek justice and the most beneficial outcome for you.