When we visit a healthcare professional, we trust them and reasonably assume that we’ll receive quality care. However, at the end of the day, healthcare practitioners are only human, and they can make mistakes.
Medical malpractice occurs when a healthcare professional neglects to provide appropriate treatment, resulting in harm, injury, or death of the patient.
Common mistakes on their part include misdiagnosis, surgical errors, failure to treat, birth injuries, and prescription errors.
Victims can legally pursue medical malpractice claims if they have gone through any suffering due to medical negligence.
If you or a loved one has been a victim of medical malpractice, you will have to proceed in a certain manner to receive justice and adequate compensation. Here are the steps you’ll have to take:
1. Contact the Medical Professional Involved
Before filing a lawsuit, contact the healthcare professional who treated you. Try to understand what may have gone wrong and let the doctor determine if the damage can be reversed. In most cases, doctors are unaware there even was an error and are willing to provide the treatment, sometimes free of cost, to remedy it.
If contacting the medical professional does not help, you may contact the licensing board responsible for medical licenses and report the doctor. These licensing boards can’t order the doctor to compensate you, but they can discipline the practitioner or issue warnings to them.
2. Hire a Lawyer
If the medical practitioner does not cooperate, contact a lawyer specializing in medical malpractice. There’s a statute of limitations for filing malpractice lawsuits, so you must press charges as soon as you suspect malpractice. Experienced law firms, like The Tinker Law Firm PLLC, can give you a free consultation to discuss your malpractice concerns.
A lawyer can brief you about filing a malpractice lawsuit and advise you on the best action to follow. They may also help you by obtaining the vital medical records for the case and the names and contact information of any medical personnel who previously treated you.
3. Collect Evidence
Medical malpractice claims can be tough to prove, so collecting evidence is crucial. Try to obtain a copy of your medical records as soon as possible so that no one can tamper with them to hurt your claim. These records include bills, tests, surgical procedures, and medication prescribed. Such records will give your case more strength in court.
A medical malpractice lawsuit can take years to resolve, but memories fade over time. So you must record the essential and relevant details of the incident in a journal while they are still fresh in your mind. These notes could also include anything about the doctor’s professional conduct and how the incident has impacted your life.
4. Get Treatment
Get the necessary medical treatment if you’ve sustained injuries from your doctor’s negligence or if your health is deteriorating.
If you fail to seek timely medical care and don’t follow the doctor’s recommendations, the medical practitioner at fault can use it as a defense claim. They can say that the patient’s condition worsened due to negligence after treatment.
It is also crucial to acquire a medical certificate to declare injuries sustained because of the healthcare professional’s negligence.
Getting the treatment you need would also help your lawyer understand the full extent of your injuries after you’ve undergone medical malpractice. This will help determine if your claim is valid and a lawsuit can be filed.
Endnote
Dealing with medical malpractice can be challenging and daunting, and sometimes recovery can be time-consuming.
You mustn’t take your injuries or the consequences of malpractice lightly. You can get support and financial assistance from the liable party through these claims. Prompt action and legal help will help you get through this tough time.
Chibueze Uchegbu is a certified medical physiologist with a great passion for healthy living.
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