A parent notices their young child is spiking a fever. Strange bruises appear on her face. The parent confers with their partner and decides to take the child into the emergency room. But here, when they expect help and guidance from medical professionals, their worst fears come true. The emergency room fails to see the child as a priority case. Even when the parents request multiple times to get in to see a doctor the staff make the family wait. Hours later, doctors see the child. Unfortunately it is too late for a full recovery. At this point, the 2-year-old’s septic infection has worsened and caused serious damage.
The medical profession and state law expects emergency medical staff within the emergency room, like medical professionals anywhere, to adhere to certain standards. One of those is never to delay treatment to the point where it seriously injures the patient. In this case, the delay of treatment caused the need for multiple amputations. Doctors amputated both of the child’s feet, her left hand and all the fingers on her right hand.
This case may seem like a clear medical malpractice claim and may make you wonder if yours is valid. With patients filing thousands of medical malpractice claims every year, this is a natural question.
How do I know if my medical malpractice claim is valid?
First, it is important to note that the legal profession deters lawyers from taking on frivolous cases. Attorneys are held to a high professional standard and can face repercussions if they take a case that has no merit. If an attorney is willing to represent the case, it is likely valid.
Another indicator that the case is valid includes a failure of the physician to meet commonly accepted practices within their profession. When this breach results in serious injuries or death to the patient, a claim is likely valid.