What You Should Do If You Were a Victim of Medical Malpractice
We all fall sick from time to time and rush to the hospital and see a doctor. As a patient, you expect the professionals to maintain the required standards when offering their services. You trust them with your health and possibly your life. Well, medical errors and omissions occur, and you wind up being a victim of medical malpractice. This is where you end up being hurt or injured while or after seeking medical services or treatment. Since most people do not know where to start or how to get help, here are some things you should do to get justice after being a medical malpractice victim.
1. Seek the Services of another Doctor
If you have just realized that you are a victim of medical malpractice, it means you may not be healthy enough to start filing claims yet. You need to first go seek the services of another doctor. The doctor will ask you some questions and run tests to try and establish what the other doctor might have done wrong. They will also rectify the mistakes and ensure that no complications are resulting from the malpractice. Most importantly, they offer the appropriate treatment and produce a report, which could be used to confirm that indeed, a medical error was present in your earlier treatment. Once you get better, you can now proceed to the next step.
2. Look for a Competent Lawyer
If you are certain that medical malpractice occurred, you have the right to claim compensation for the doctor, healthcare worker, or health facility that was at fault. As vividly explained at https://www.blg-dc.com/blog/sue-the-military-for-medical-malpractice/, you can even sue the military in a medical malpractice claim case. Most of these cases are complex to navigate, making it crucial for you to get a competent lawyer malpractice attorney. This increases your chances of winning the case and receiving the fair compensation you deserve.
Remember, health professionals are always aware of the probability of making a mistake in their line of work. This means that they are always ready with a strong defense in case they are taken to court. A strong legal team on your side will help level the playing field. Some damages they could help you obtain include the following:
- Medical bills
- Further treatment expenses
- Lost wages
- Pain and suffering
- Emotional distress
3. Ask for Medical Records
Again, your ticket to winning the claim is by gathering enough evidence that proves it in court. The evidence will be derived from the medical records, which should be from the two doctors. These records usually show the symptoms you had in both visits to the two doctors, the tests conducted, and the treatment you underwent. Additionally, your medical history will also be a strong point of reference, especially if the malpractice involved a chronic illness. The medical records should be neat and in order as they will prove that the first doctor had been negligent and breached the duty of care.
4. Keep a Journal All Through
Proving your injuries may need more than just your medical records. Your statements will play a big role in winning you the claim. That is why it’s wise to have a journal with you right from the moment you realize that you are a victim of medical malpractice by a doctor or healthcare facility. In the journal, have vivid descriptions of the condition of your health, especially the impact the medical malpractice has had on your life. For any information regarding your health after the incidence, whether treatment or a simple appointment, make sure to log it in into the journal. Preferably, update the journal each day. The more detailed your journal will be, the more likely you are to win the case.
5. File Your Claim
You may attempt to contact the doctor and see if you can come to an agreement and settle the compensation out of court. You should, however, do this with the help of your lawyer and only in his presence. If it doesn’t work, then it’s time to file your claim in a court of law. Again, filing your claim should be done by and with the help of your lawyer. They also know the time frame to be adhered to. Once the claim is filed, you will be required to go to court at a set date alongside your attorney.
Falling victim to medical malpractice can be quite overwhelming. However, seeking compensation can help ease things for you, but only if you know how to do it. Hopefully, the tips on this piece will help you get fairly and justly compensated.
