If I could think of one question we hear a lot about medical malpractice claims is when you go under the needle. It’s never fun when the anesthesiologist comes by and casually brings you a waiver, with a big smile on their face. They hand it to you as if you really have an option to say “no, I’m okay, where are my clothes I’m going to head home for the game instead.” They highlight the minimal death risk from anesthesia, and hands you the waiver which covers most chances for a medical negligence coming back on them.

It’s done, your life is officially in the doctor’s hands – fun right?

Well, fun isn’t the word I would use to describe if for any reason, the doctor almost killed you!

The real question is: if they screwed up during the procedure, and if there was obvious medical negligence which almost killed me, do I have reason for a claim?

Unfortunately even if your doctor was careless, and could’ve screwed up but didn’t, then you are still not going to have a fighting chance at receiving any compensation for it. This just simply is not medical malpractice!

The only way you are going to collect is if you can show an injury in itself which was a direct result of medical malpractice. But wait – that’s not where it stops. In addition to this, you must make a connection showing that it was due to the doctor’s medical negligence. Wow, if the first part wasn’t tough enough as it is…

What it really comes down to, is that if the doctor was careless, negligent, and could’ve caused your injury but didn’t, then you don’t have a claim. Plain and simple!

It never hurts to check the guy that's going to be your surgeon out in advance. Sometimes by looking at his professional record, you can see if he has any instances of doctor malpractice history. If he does - steer clear my friend!

You can order a FREE copy of our consumer guide, Why Most Medical Malpractice Victims Never Recover a Dime, to learn more about Medical Malpractice by following this link

If you have a question for Ben, you can submit it confidentially online at JustAskBenGlass.com.

Ben Glass
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Ben Glass is a nationally recognized Virginia injury, medical malpractice, and long-term disability attorney