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Steps You Should Do If You Become A Victim Of Medical Malpractice

What steps to take to file medical malpractice

Some patients visit the hospital to treat their illnesses but end up as victims of medical malpractice. Sometimes this can contribute to one’s death.

Basically, medical malpractice refers to professional negligence by healthcare professionals who have provided their patients with substandard care. This ultimately results in death, harm, or injury. In most medical malpractice cases, it involves some kind of medical errors in medication dosage, diagnosis, treatment, surgical errors, and health management. The mistake or error can be the result of a lack of necessary action or a negligent act by healthcare professionals.

If you’ve become a victim of medical malpractice, there are several steps you need to consider to help you start the process. Let’s take a look.

1. Get In Touch With The Best Lawyer Or Law Firm

The majority of medical malpractice cases are very complex, so it’s highly recommended you hire an experienced law firm rather than representing yourself. Search for a lawyer or law firm with years of experience specializing in medical malpractice cases.

Prior to signing paperwork, it’s always best to schedule a consultation with your lawyer to ensure that he’s a good fit for your case. Scheduling a consultation also provides you a chance to ask the lawyer questions and learn more regarding their services.

When explaining your case with your lawyer, make sure you give detailed documentation. Never leave any information out no matter how insignificant it may seem. The lawyer will then have enough details to begin the investigation and gather evidence of medical errors.

2. Look For Another Doctor

As a medical malpractice victim, you have to make your health your first priority. If you believe your doctor made an error while treating or diagnosing you, it’s essential to look for another personal injury doctor to correct the mistake. The second doctor will review your records and do tests before diagnosing you. After that, the doctor can start the treatment to undo the damages caused by the first doctor.

If your first doctor made an error in your treatment, the second doctor will focus on treating your complications due to the error. But, if your first doctor misdiagnosed you, your second doctor will focus on offering you the appropriate treatment.

3. Request Your Medical Records

Another step is to request a copy of your medical record. This will play an essential role in your case, so it’s essential to acquire a copy as soon as possible. The records contain information about the symptoms you’re experiencing, tests performed, medical history, and prescribed medications. This information may be used to prove your doctor is negligent.

It’s best to ask for your medical records before you file a medical malpractice lawsuit, so your healthcare provider won’t attempt to change your information. Although falsifying medical records is illegal, there are some doctors who do it anyway just to avoid liability.

4. Have A Journal

If you think you’re a medical malpractice victim, you must keep a journal to write notes about your health condition. Describe every symptom you’re experiencing due to a medical error. You must also explain how medical errors have impacted your life. For instance, if you have some time off work to undergo treatment because of a medical error, take note of it in your journal. Other things to write down include:

  • Which areas of your daily life are impacted.
  • How much pain you’re in each day.
  • Whether you get help from other people for simple daily chores.
  • Any pictures of scaring or visible injury to your body from the malpractice.

If possible, write in your journal daily, so there’s a record of what you endured due to the mistake of the doctor. The entries in your journal may be used as evidence in your case, so write in as much detail as possible.

5. Don’t Contact Other Parties

Your lawyer must serve as your main contact in your case, so you don’t have to speak with some parties involved. Never contact the healthcare individuals or providers regarding your medical malpractice claim. It’s best if you can avoid contact with them altogether. You must also refrain from talking about your case on various social media channels. If your account is private, it’s possible that the defendant might find out about your posts.

The insurance company of the defendant might also attempt to contact you if the defendant was already notified of the claim. If it happens, ask the insurance company to get in touch with your lawyer. Never speak to the insurance adjuster regarding your case and don’t agree to answer questions. Insurance adjusters may try to twist your words, which can affect your claim. So, let your lawyer do the job for you

6. File Your Official Complaint

To make your medical malpractice case official, you have to file an official complaint. It’s a formal document, which can cite the allegations you’re bringing against the doctor for all of the injuries you’ve suffered. Filing a complaint is the start of your lawsuit.

However, it’s important to know how and when to file a complaint unless you have legal training. It’s another task your lawyer can complete on your behalf.

This step is very crucial and must be done correctly to get the right amount of compensation you need. As mentioned, filing a complaint triggers the process of a lawsuit. Make sure it’s done properly to gain the best possible outcome of your case.

Bottom Line

If you think you’re a victim of medical malpractice, don’t hesitate to contact the best lawyers available in your area. No matter how simple or complicated your case may be, your lawyer will fight tirelessly to hold the other party accountable for their mistakes. You’ll also have a higher chance of recovering the compensation you deserve for your medical expenses, pain, suffering, and lost wages. Just make sure to follow the above steps properly for you to get the best possible results. Have you been a victim of medical malpractice?



About The Author: Andrea Krueger is a medical malpractice lawyer who works at the Law Offices of Dr. Michael M. Wilson, serving Rockville. Andrea regularly works with medical experts to develop case theories and develop reports to support her client’s statements.