Conservative treatment of pain and illness involves practices such as chiropractic and physical therapy in the case of muscular or spinal injuries. In other words, palliative care is the phrase used to describe these modalities. In other cases, it may involve mild pain medication. It may be the first conservative option chosen by a medical practitioner. If it does not work, the practitioner will probably escalate to gradually more aggressive and drastic approaches. Although sometimes necessary, the more aggressive the treatment, the more likely something could go wrong.
How aggressive treatments increase the stakes
In cases of acute spinal or muscular pain – perhaps due to an accident – medical practitioners will likely try conservative treatments first. Treatments such as physiotherapy can be extremely effective, depending on the severity of the pain and injuries. When it comes to more severe injuries, these therapies may not help to alleviate the pain or aid recovery. Doctors will then opt for more drastic options, after palliative care and medication do not yield the desired results, such as surgery. Although still possible, conservative treatments are less likely to result in any kind of problems that could result in a malpractice lawsuit. When more aggressive treatments are chosen, however, mistakes and negligence can become more likely although the treatment may be needed.
Medical practitioners and insurance companies know very well that surgical options involve risks. Patients also need to understand that when surgery is prescribed, it is likely because it is the only option from the medical experts’ standpoint in your course of treatment. However, problems can arise. No treatment is fool proof, and the decision to pursue such therapies may be based on erroneous assumptions to begin with. Problems could result from factors not in any way related to fault or negligence, or they could be a direct result of medical misconduct.
In the unfortunate event of aggressive medical treatments going wrong, patients need to know that they have every right to consult a personal injury lawyer and may have substantial grounds for a malpractice suit. If you have undergone the transition from conservative treatments to more aggressive ones, only to find yourself faced with more complications and further pain and suffering, you should consult a medical malpractice lawyer straightaway. Fault is difficult to prove in such cases, but a personal injury lawyer with experience in malpractice lawsuits can help build a case and make sure that you are adequately compensated for any injuries resulting from negligence.
Keep in mind in many jurisdictions, the time limit or statute of limitations (SOL) are quite limited where if you do not file suit within that period, you may be forever barred from bringing a legal action possibly losing valuable rights. You should always consult with an attorney about your specific situation.
If you believe you have a strong case, contact Sokoloff & Weinstein, P.A. and book a free consultation with one of our medical malpractice lawyers.