Symptoms and Medical Malpractice


The issues of medical malpractice do not usually arise immediately with respect to symptoms. In order for a medical malpractice cases to be brought, the plaintiff (patient) must have suffered some damages as a result of the actions of the defendant. In most cases, merely having a new symptom is not grounds for medical malpractice. As always, consult an attorney or professional legal adviser for advice about medical malpractice.

The most likely way for symptoms to be involved in a medical malpractice lawsuit are due to the underlying medical condition causing the symptom. However, failure to diagnose an underlying condition may lead to medical malpractice, if the undiagnosed disease causes damage, disability, financial loss, or even death (see also wrongful death lawsuits). Some common symptoms that may ultimately lead to medical malpractice include chest pain (may be a heart attack), abdominal pain (may be appendicitis), coughing (may be lung cancer or even mesothelioma), breast lump (could be breast cancer), rectal bleeding (could be colorectal cancer), and so on with numerous other possibilities.

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Ongoing and chronic symptoms that are damaging, disabling, or debilitating may be possible causes of medical malpractice actions, if they arise somehow caused or contributed to by medical care (may have to be negligent care to prove malpractice). For example, post-surgical pain that is chronic pain may be a debilitating or disabling symptom and may have been caused by medical malpractice. Symptoms may also cause damage by preventing you from earning an income, such as chronic pain, chronic back pain, extreme fatigue, etc. Other examples of severe symptoms that may justify damages may include erectile symptoms (e.g. impotence), fertility problems, or potentially many other symptoms.

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