Do I have a case for medical malpractice due to swollen fingers?

Full question:

ithe doctor gave me some medicine that swollen my fingers up ,they are leaking fluid,very sore.i went to the doctor twice still no help ,may the 9th will be two month i been going through this ,do i have a case?

  • Category: Civil Actions
  • Subcategory: Medical Malpractice
  • Date:
  • State: Arkansas

Answer:

It may be possible that improper treatment has worsened your condition and prolonged your suffering. Medical malpractice occurs when a healthcare professional fails to adhere to accepted standards of practice, resulting in harm to a patient. To prove malpractice, you typically need expert testimony to establish that the standard of care was not met.

Standards of care are often determined by how similarly qualified practitioners would manage a patient's care under similar circumstances. While these standards were once considered local, they are now often viewed as national due to the widespread sharing of information. However, in isolated communities, local standards may still apply.

Many malpractice cases involve failure to diagnose or treat a condition properly. This could mean that your doctor did not order necessary tests or misinterpreted test results. To claim damages, you must show that your condition worsened due to a lack of timely treatment or incorrect information.

In cases of malpractice that result in death, there are typically two claims: one for personal loss and suffering before death, and another for monetary loss to the deceased's family. Defendants in malpractice cases often argue that the injury was not caused by their actions, was due to another's actions, or stemmed from a pre-existing condition.

Determining whether the standard of care was violated will require a medical professional to review your medical records. Medical malpractice cases can be complex and involve intricate medical issues. It is advisable to consult with a local attorney specializing in medical malpractice who can have your case reviewed by a medical expert. Many attorneys offer free consultations and may work on a contingency basis.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Signs of medical malpractice include a failure to diagnose or treat a condition properly, worsening of symptoms after treatment, or receiving incorrect medication. If your condition deteriorates due to a healthcare provider's negligence, it may indicate malpractice. It's important to consult with an attorney who specializes in medical malpractice to evaluate your situation.