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Guide: What to do if You are a Victim of Medical Malpractice

Guide: What to do if You are a Victim of Medical Malpractice 

Chapter 1: What to do if You are a Victim of Medical Malpractice 

Chapter 2: What is Medical Malpractice? 

Chapter 3: How Receiving Improper Medication is a Form of Medical Malpractice 

Chapter 4: Are Childbirth Injuries Considered Medical Malpractice?

Chapter 5: Steps to Take After Medical Misdiagnosis Occurs 

Chapter 6: How a Personal Injury Attorney Can Help You After a Medical Malpractice Incident 


Chapter 1: What to do if You are a Victim of Medical Malpractice 

When a trip to the doctor turns tragic, it can severely and negatively impact your quality of life. At Robert J. DeBry & Associates, we understand the negative consequences of medical malpractices. If you fall victim to medical malpractice or medical errors, our injury lawyers can help. 

Our injury lawyers go the extra mile to help our clients get justice and compensation. We hold the record of securing the largest wrongful death settlement in New Mexico. We booked a $58.5 million accommodation for a client from a negligence trucking company in Utah. 

If you or your loved one suffer at the hands of a physician or healthcare provider, you can file a medical malpractice suit against them. At Robert J. DeBry & Associates, we can help you hold your care provider liable for their negligent actions. Contact us at 801-888-8888 or fill out a free contact form, and we’ll help you get the settlement you deserve.

What is a Medical Malpractice Attorney?

A medical malpractice attorney is a personal injury lawyer representing patients suing their medical service providers for professional misconduct. They help litigate lawsuits on behalf of patients who have been injured when their doctors fail to provide the standard level of care. When a doctor makes a mistake, the outcome can ruin your life. 

If a medical provider harms you or your loved one, you can hold them liable for their actions.

In such instances, you need a medical malpractice attorney familiar with medical malpractice laws to guide you through the claims process. A skilled lawyer will help establish the legality of your claim, ascertain the doctor’s liability, and determine the best defense strategy and the settlement amount. 

If you or a loved one have suffered at the hands of a negligent doctor or healthcare provider, Robert J. DeBry & Associates can help. Contact us at 801-888-8888 or fill out a free contact form, and we’ll help you get the settlement you need to improve your quality of life. 

Why Do I Need a Medical Malpractice Attorney?

Holding medical practitioners responsible for their negligence is a tricky endeavor. First off, doctors and other medical care practitioners carry medical malpractice insurance. Secondly, each medical malpractice lawsuit must demonstrate four critical factors for consideration

An injured patient is required to demonstrate that: 

  • The doctor didn’t provide the proper standard of care
  • The doctor breached their professional duty
  • They suffered an injury due to negligence
  • The damage has damaging consequences

Our skilled personal injury lawyers in Utah are familiar with the state’s medical malpractice laws. We have extensive experience build and successfully arguing medical malpractice cases. Our lawyers will help you build a strong case and see that you receive adequate compensation for your pain and suffering. 

Get a Skilled Medical Malpractice Lawyer in Utah 

Insurance companies put a spirited fight when protecting their clients during a medical malpractice hearing. They’ll do their best to discredit your claim or offer you a lowball settlement offer. Don’t let them intimidate or settle for peanuts. 

At Robert J. DeBry & Associates, we specialize in helping people harmed by their physicians and healthcare providers pursue justice. Call us today at 801-888-8888 or fill out a free contact form, and we’ll help you get justice and the settlement you need to improve the quality of your life.

Chapter 2: What is Medical Malpractice? 

Medical malpractice happens when a health care practitioner or provider fails to offer proper treatment, take suitable action, or provide substandard care that results in the patient’s suffering, injury, or death.

Typically, malpractice or neglect entails a medical blunder. This may pertain to the diagnosis, dose, health management, therapy, or aftercare.

The medical malpractice law permits a patient to receive compensation, through their injury lawyer, for any injuries caused by substandard care.

According to malpractice attorneys in the United States, several elements must be present for medical malpractice to be considered.

Improper standard of care: According to our legal experts at Robert J. DeBry & Associates, the law compels health care practitioners to comply with specified standards or face the possibility of a negligence claim.

Injury is caused by negligence: If a patient believes a healthcare professional was negligent, but no harm or damage occurs, they cannot file a claim. Through their injury lawyer, the patient must demonstrate that carelessness caused injury or harm and that it would not have occurred in the absence of negligence.

The injury must have resulted in significant damage. The patient must demonstrate that the injury or harm caused by the medical negligence resulted in massive damages.

Informed Consent

SupposeSuppose the patient does not offer informed consent for a medical operation. In that case. In that case, the doctor or health care provider may be accountable for any resulting harm or injury, even if the surgery was performed flawlessly.

If a surgeon fails to notify a patient that a procedure carries a 30% risk of loss and the patient loses a limb, the physician will be held accountable, even if the treatment was performed flawlessly. If the Doctor had told the patient of the hazards, they might have chosen not to proceed.

When To Consider a Legal Action for Medical Malpractice

Medicine is not a flawless science. Sometimes a patient suffers damage or passes away even though physicians perform the most significant levels of care. On the other hand, if a physician or other healthcare practitioner causes harm, sickness, or loss of life via irresponsible conduct or omission, you may be entitled to compensation.

Our lawyers at Robert J. DeBry & Associates acknowledge the complexity of some medical malpractice lawsuits. A personal injury lawyer can assess if your case sustains the four components of medical malpractice to hold a negligent practitioner or facility liable.

Chapter 3: How Receiving Improper Medication is a Form of Medical Malpractice 

It’s a common misconception that medical malpractice lawsuits only arise when a doctor or nurse commits an egregious error such as amputating the wrong limb. Howevereven receiving improper medication is a form of medical malpractice.

In this post, we’ll discuss how receiving improper medication is a form of medical malpractice and how to ensure you’re not a victim.

What Is Improper Medication?

It may seem simple, but what can constitute medical malpractice? It could involve anything from prescribing the wrong medication to not taking prescribed medication. For instance, some doctors prescribe drugs to patients that they shouldn’t receive. This mistake could lead to various health complications such as overdose, delusions, or even death.

What are the Potential Consequences of Receiving Improper Medication?

Every time you take a prescription dose of medicine, there is the potential for negative consequences. However, if you receive improper medication and aren’t provided with the appropriate care after the fact, these consequences can be life-threatening and even fatal.

For example, some doctors prescribe certain drugs to treat a patient’s condition. But they may do so without considering the patient’s other medications or their overall health condition. Some of these medications have adverse effects when combined. In some cases, patients experience harmful side effects due to the introduction of new treatments or withdrawal symptoms associated with discontinuing existing ones.

How Receiving Improper Medication is a Form of Medical Malpractice

Generally, to bring a medical malpractice lawsuit, a personal injury attorney will help you show that:

  1. The doctor was negligent in treating their condition;
  2. The negligence led to some harm;
  3. The harm resulted because of negligence in treatment.

In the case of receiving improper medication, a personal injury attorney can help you argue that you were harmed by the doctor’s failure to prescribe or administer their medicine or lack thereof properly.

What Is Meant by the Medical Malpractice Statute of Limitations?

The statute of limitations is the time limit for a potential medical malpractice victim to file a lawsuit. While the statute of limitations varies from state to state, it generally is two years from the date of the negligence. You can consult us at Robert J. DeBry & Associates to confirm the statute of limitations for your state.


While receiving improper medication may not appear like a grave mistake at the time, it can have long-lasting effects on your health and well-being. If you feel you have been a victim of medical malpractice, do not hesitate to contact us to give you an experienced personal injury attorney to discuss your case.


Chapter 4: Are Childbirth Injuries Considered Medical Malpractice?

Medical malpractice may be committed if mistakes that might have been avoided during labor cause damage to the unborn child. A parent can determine whether childbirth injuries committed by healthcare professionals warrants compensation. There are specific injuries that doctors, nurses, or other health care professionals can prevent from occurring when mothers receive better treatment during labor.

A child injury may arise from even the tiniest of errors during birth, and this can have long-term consequences. Nurses and doctors are well-versed in dealing with challenging circumstances to protect both the mother and the child. 

There are numerous types of childbirth injuries. Birth injuries include brain injury, peripheral nerve injury, cranial nerve damage, bone fractures, and intra-abdominal wounds. Children are prone to brain damage in the spinal fluid, arachnoid membrane, and skull regions. Hand and arm mobility are affected by peripheral nerve injury.


Chapter 5: Steps to Take After Medical Misdiagnosis Occurs 

Patients rely on their doctors and medical practitioners to diagnose diseases before they become grave. By putting their trust in medical practitioners it is not the patient’s expectation that they could be treated for another disease apart from the one they are suffering from.

Annually there are millions of misdiagnoses. Misdiagnosis is when a person with one condition is diagnosed by a doctor with another ailment. In this case, some diseases like asthma may be misdiagnosed to be bronchitis or heart disease to be a lung problem.

Misdiagnosis in most situations happens when the doctor fails to follow certain medical guidelines. The doctor may fail to read the lab results correctly, fail to look into the patient’s medical history, rush through the patient and not take time to understand their symptoms, and fail to follow up after treating a certain patient.

When faced with misdiagnosis here are steps you should take;

After getting medical treatment, if you feel that there is no significant improvement seeking medical attention from an alternative doctor or your medical practitioner is required. 

If you get alternative advice that the previous doctor had a misdiagnosis, the next step is to seek legal advice from a personal injury lawyer and file a medical negligence claim. Filing for claims should not take long as there is a limit on time from when you discovered the medical misdiagnosis.

To prove medical negligence you need to show that the doctor or physician owed “duty of care” and acted negligently.

You must also show cause. Getting a good personal injury lawyer that will analyze the situation and prove the cause is mandatory. If a misdiagnosis did not cause harm then there are no grounds to prove medical negligence.

After your injury lawyer proves there was negligence then you have to prove that the misdiagnosis resulted in actual damage to you. From there the next step is to claim compensation for the damage.


Chapter 6: How a Personal Injury Attorney Can Help You After a Medical Malpractice Incident 

An example of medical malpractice is when a doctor or other healthcare practitioner intentionally or recklessly violates a patient’s care plan. When treating patients, healthcare professionals must adhere to their professional standards of care and general responsibilities. Patient neglect or misdiagnosis are only a few of the harms that may be caused by non-compliance with accepted standards of care.

Families affected by prenatal and birth errors may demand compensation from malpractice insurance providers or court officials with the help of a personal injury lawyer. Legal action may be taken against healthcare providers, including doctors, nurses, and laboratories, who may have contributed to the birth injury of mothers or their children. Prenatal and labor errors made by midwives and birthing centers can be held liable in most jurisdictions.

How Personal Injury Lawyers Can Help

In these cases, personal injury lawyers are often free to consult with and hire. Legal experts may seek compensation for your child’s preventable birth injuries, such as physical or cognitive disorders, or the physical pain and loss suffered by the mother as a result of birth-related trauma.

Filing a Claim

Medical malpractice cases must meet more stringent standards than personal injury claims. A plaintiff must show four criteria to initiate a medical malpractice claim:

  • Between both parties, there existed a doctor-patient connection.
  • In some manner, the healthcare professional was careless.
  • The harm was caused by carelessness.
  • Physical suffering and medical expenditures were incurred as a result of the injury.

Expert testimony is often sought in malpractice claims. Before a matter is brought to court, some jurisdictions require it to be reviewed by a malpractice review panel. States have different statutes of limitations, and some have limits as low as two years from the date of damage. A personal injury lawyer can assist a person in learning about their state’s statute of limitations.

Learn how our experts at Robert J. DeBry & Associates can assist you in recovering from an injury caused by someone else’s carelessness. Contact us at (801) 888-8888 to schedule a free consultation with a personal injury lawyer.


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