I’ve been in and out of doctors’ offices a lot lately, thanks to some ongoing health issues that I won’t go into. I’ve been really frustrated with the results I’ve been seeing, and I’ve pointed out to one of my doctors that I really don’t feel he’s been helping. He came back at me with some criticism of my diet and lifestyle, as if me being sick was my fault (I know some diseases can be caused by bad habits, but my condition is not one of them). I’m upset with the relationship I have with my doctor right now, and I’m even thinking about suing. Where is the line when it comes to malpractice? If I am not getting better, isn’t my doctor responsible?
Medical malpractice is when a doctor does (or doesn’t do) something unusual that harms a patient. Generally, say the Syracuse medical malpractice lawyers at DeFrancisco & Falgiatano, LLP, doctors may be guilty of malpractice if they deviate from “the norms of care.” To win a case, malpractice attorneys have to prove that it was the doctor’s duty to do (or not do) something for the patient, that the doctor did the wrong thing, and that the patient suffered injury and damages because of it.
Of course, this means that not all patients who suffer can win a malpractice suit. After all, it’s possible for doctors to do everything right and still see their patients lose ground to diseases or suffer complications and side-effects of care. If a doctor is making defensible decisions, a patient’s pain and damages alone aren’t enough to win a case.
And while it can be frustrating when a doctor tells us that our own actions are harming us, this can often be true. The researchers at Virta Health, who are pioneering new ways to reverse diabetes with nutritional ketosis, believe that our diets and nutritional habits are an incredibly powerful tool in our fight to stay–or get–healthy.
But malpractice does happen: according to the JAMA, medical negligence is the third-leading cause of death in the United States.
What does all of this mean for your case? Unfortunately, it’s impossible to say, and inadvisable for us to guess. If, upon further consideration, you still feel that you may want to sue, then you should schedule an in-person consultation with an attorney who specializes in medical malpractice. Your attorney will be able to tell you more about what the specifics of your case mean for your prospects in court.
“Always laugh when you can; it is cheap medicine.” — George Gordon Byron
