Many people are confused about the reality of medical malpractice, partly because of exaggerated medical shows on television.
For one thing, medical malpractice involves specific circumstances where there was negligence or some other bad practice – and one universally condemned by the medical profession.
Human error is usually not a case for medical malpractice, and neither is losing a loved one because of a risky medical procedure. The truth is some risk is involved in most surgeries or standard hospital treatments.
It’s understandable why people get emotional during stressful times. But if you have a viable medical malpractice claim, it’s important to understand the definition and what evidence is required in proving your case.
Make sure you review all these steps before publicly discussing a possible claim.
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Seek Treatment ASAP
If you have been injured because of a medical procedure, you must seek treatment as soon as possible so that wounds don’t get progressively worse. If you wait too long, it can be argued that you’re primarily responsible for the injury. There’s no reason to avoid seeing the doctor and explaining what’s happening.
This ties in with another article we recently ran, which was on health signs you should never ignore.
Figure Out What Happened
You must have a specific claim in a medical malpractice case. That means either a surgical error that was extremely unsafe, or a misdiagnosis that was egregious in some way.
The most important stage is gathering documents that prove what happened. You must prove that you had a direct physician-patient relationship and were under someone’s care.
You can also ask the doctor for verification of what happened during the procedure if it’s unclear. There’s no reason to hide the truth at this point, so doctors and nurses usually cooperate in relaying facts.
Then you must find proof that he or she did something reckless – and something that no competent doctor would have done in the same situation.
If the doctor can prove that they provided “skillful and reasonable care”, and nothing out of the ordinary was done, you will usually lose the claim.
You must prove that the doctor was not only negligent in practice, but that their negligent actions directly caused your injuries or the loss of a loved one.
The website Delayedcancerdiagnosis.org lists many examples of misdiagnosis and other medical errors that could constitute medical malpractice.
Contact an Attorney
Find an attorney who deals with personal injury claims and medical malpractice and then tell them the details of the case.
Depending on the state you live in, and your particular situation (as well as the patient’s demographic information) the attorney must determine if there’s grounds for a case and how much compensation you might be entitled to.
If the case moves forward, the attorney will advise you on what to do next. They will usually tell you what to say and what not to say, so that you don’t compromise the case.
You should also contact an attorney as soon as possible, since some states have a statute of limitations for personal injury claims.
File for a Personal Injury Claim
Once you file, you and your attorney must prove that specific damages caused you to lose wages, incur medical bills, or caused a wrongful death. You must also provide specific reasons as to why your life changed after the malpractice incident, including bouts of pain and suffering, or even PTSD.
The testimony of another medical expert will be important to the case so that they can demonstrate how the medical professional deviated from a reasonable and skillful practice.
The good news is that 90% of all legitimate medical malpractice claims settle out of court with insurance companies. For that matter, only seven percent go to a jury trial, meaning it’s likely that you will win your claim if you are represented by an attorney who understands medical malpractice.
Don’t hesitate to make a call if you’re unsure about your case. Most attorneys will talk to you for free!
