How to Recognize and Respond To Medical Malpractice

by mollyp on June 15, 2013

There is an old saying that goes,“If you have your health – you have everything.” Staying healthy takes effort, and every bit of that effort is worthwhile. Part of that effort includes going to a doctor for regular exams or to address a problem.

According to the personal injury attorneys at, “in general, any instance where a health care provider – such as a hospital, physician’s office, doctor or nursing home – fails to meet the accepted standards of medical care is considered malpractice.” When a person enters a medical facility, they do so under the perception that they will be well cared for and will leave in better condition than when they entered. No one goes into a medical facility with the intent of being harmed. However, injuries still occur.

The question remains then, how do you determine the risk of malpractice before entering into a medical establishment?

Looking For Signs Of Medical Malpractice

While there is no sure-fire way to determine if you will be a victim of medical malpractice, there are a few things that you can look for before using a medical facility that may help you avoid being injured.

• Do Your Research

Before you decide to make an appointment with a doctor or facility, conduct a little background research on them. There are several information sites available that will tell you what the malpractice rates are for any facility, and there are also sites that will provide records on individual doctors. Your state may also have a database listing malpractice cases.

• Look Around When You Arrive

Is everything clean? Does everything smell right? This may seem like an unusual thing to examine, but infections are the leading cause of medical malpractice cases.

• Ask Questions

Does your doctor seem knowledgeable about your condition? Do they provide adequate answers? If the doctor does not seem to know, understand, or care about your condition, you may want to move on.

• Judge Levels of Treatment

Does the doctor seem to provide you with the right type of treatment or testing? Do they want to thoroughly look into your symptoms or are they giving a generic treatment plan so they can quickly move you out of the office? You need your doctor to be interested in you and your issue. Medical problems cannot be treated with a one-size-fits-all method.

While these are not the only signs that malpractice can occur, they are some of the most common warning signs.

What To Do If You Have Been Injured

If you are a victim of medical malpractice, you should find another source of trustworthy medical attention which can stabilize your condition, and then seek legal representation. As the victim of a personal injury, you are entitled to compensation for your injuries. Even if you believe that you may be a victim, but are not sure, you should seek legal advice.

Why is it so important to seek legal representation? First off, if you have been physically injured, there are many financial responsibilities that will come with that injury and you should not have to pay for that care.

The second reason that you should seek legal representation is that you can help prevent others from being harmed. If you do not step up and state that a medical provider harmed you, they will continue practicing medicine in this manner and harm others.

Your health is the most important thing that you have. Protecting yourself from danger is essential to your good health. If you do suffer from a malpractice event, you have rights as a victim.

As a former healthcare professional concerned with human rights, Molly Pearce writes to inform the public of legal issues involving their health and protecting themselves. Virginia-based personal injury firm Price Benowitz LLP, found at, also serves to inform, and acts as legal advocate to individuals who have been injured as a result of medical malpractice. Their knowledge and experience in this practice area has given them a track record of success over the past fifteen years.


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