Seeking medical help can be a scary and confusing process, so we look to medical professionals for guidance when our bodies are at their most vulnerable. Medical professionals are viewed as responsible, intelligent, and well-meaning, but that does not mean they are incapable of making mistakes.
Personal injury law plays a crucial role in compensating individuals harmed due to another’s negligence, including medical malpractice claims, particularly for those with pre-existing conditions.
When medical professionals are negligent, they risk making mistakes and causing severe harm. Patients have the right to take action against medical malpractice. Unfortunately, patients with pre-existing conditions may have more complex cases than others. Regardless, if you are the victim of medical malpractice, you should consider filing a claim to receive compensation for your suffering, even if you have a pre-existing condition.
Understanding Pre-Existing Conditions
Pre-existing conditions play a significant role in personal injury claims, and it’s essential to understand what they are, how they can impact medical treatment, and how they can affect the outcome of a case. When dealing with personal injury claims, having a pre-existing condition can complicate matters, but it does not negate your right to seek compensation. Understanding the nuances of pre-existing conditions can help you navigate your medical malpractice claim more effectively.
Definition of a Pre-Existing Condition
A pre-existing condition is a medical condition or injury that existed before the current injury or accident. This can include chronic illnesses, past injuries, or any other health problems that existed prior to the incident in question. Recognizing and documenting these conditions is crucial, as they can influence the evaluation and outcome of your personal injury claim.
Examples of Pre-Existing Conditions
Examples of pre-existing conditions include:
- Chronic illnesses such as diabetes, heart disease, or arthritis
- Past injuries such as broken bones, head injuries, or spinal cord injuries
- Other health problems, such as high blood pressure, asthma, or chronic pain
These conditions can vary widely, but they all share the common trait of existing before the incident that led to your current medical malpractice claim.
How Pre-Existing Conditions Can Impact Medical Treatment
Pre-existing conditions can impact medical treatment in several ways:
- They can affect the type of treatment that is prescribed
- They can impact the dosage or type of medication that is prescribed
- They can affect the length of recovery time
- They can impact the overall outcome of the treatment
Understanding how your pre-existing conditions influence your medical treatment is essential for building a strong personal injury claim. Comprehensive medical records and a thorough understanding of your medical history can help ensure you receive adequate compensation for your suffering.
The Impact of Medical Malpractice
Medical assistance is a high-stakes area. There is no room for error when people’s lives and well-being are on the line. The efficacy of your care is dependent on medical professionals acting quickly and carefully. When doctors are not properly following their procedures, they risk making your condition worse. Negligence by those responsible for your care can hurt your health and derail your life.
Deviations from standard medical practices can lead to medical malpractice. Doctors who commit medical malpractice risk harming their patients and may be putting their patients’ lives in danger. Malpractice can be especially problematic for patients with pre-existing medical conditions. It can exacerbate their problems or create new medical issues for them.
For instance, an existing injury might worsen due to an accident, necessitating careful legal representation to navigate the complexities of proving responsibility and entitlement to compensation. This damage can impact your quality of life in other ways, too. For example, it could create a lasting financial burden and hurt your ability to work certain jobs.
Medical Malpractice Claims with Pre-existing Conditions
If you are contemplating filing a medical malpractice claim, you may be concerned that your pre-existing condition could impact your ability to receive full compensation. However, this may not be the case. Your pre-existing condition does not change that you are a victim of the negligence that has caused you suffering. Compensation sought through these claims can cover not just lost wages and pain and suffering but also the medical bills incurred due to the malpractice.
For your personal injury case, you must prove that the alleged liable party acted negligently, recklessly, or intentionally and that their actions were the substantial and proximate cause of your injuries. Additionally, a chain of causation is an important concept to be aware of in a case like this. Chain of causation is the connection between an original cause and the effects that follow as a basis for liability. In Pennsylvania, having a pre-existing condition does not sever that connection, so it is not an applicable defense for the liable party to use.
Detailed medical records and expert testimony are crucial, especially when pre-existing health conditions are involved. These elements help establish the extent of the new injuries and how they were aggravated by the malpractice.
Proving Causation in Medical Malpractice Claims
Proving causation is a critical element in medical malpractice claims, and it can be challenging when a pre-existing condition is involved. To succeed in a medical malpractice case, you must demonstrate that the healthcare provider’s negligence directly caused your injury or worsened your existing condition. This often requires detailed medical records and expert testimony to establish a clear link between the provider’s actions and the harm you suffered.
When a pre-existing condition is present, it becomes even more important to show that the medical professional’s actions were the substantial and proximate cause of your injury. This means proving that their negligence directly led to your current health issues despite your existing condition. An experienced personal injury attorney can help you gather the necessary evidence and build a compelling case to prove causation and secure the compensation you deserve.
Schedule a Consultation with an Experienced Medical Malpractice Attorney
Medical malpractice is a distressing experience. You are entrusting someone with your health and expecting the professionals around you to be competent in the medical care they are giving you. Your prior medical history should not deter you from recovering damages. A personal injury lawyer can help navigate the complexities of medical malpractice claims, especially when pre-existing conditions are involved. Talk to our medical malpractice attorneys about your legal options.
Rubin, Glickman, Steinberg & Gifford, P.C. are experienced in handling medical malpractice cases. Our attorneys are knowledgeable and can answer your questions about the details of your claim. We have the legal prowess to help secure fair financial compensation. To schedule your free consultation, submit our online contact form or call (215) 822-7575.
Rubin, Glickman, Steinberg & Gifford P.C.
Pennsylvania Attorney's
December 24, 2024
