There is no doubt – no one ever wants to be a victim of medical malpractice. But such unfortunate incidents can still occur, as much as you try to avoid them. So, it is best to be prepared.
When does medical malpractice take place, and what exactly qualifies as one? These types of questions are highly prevalent, especially if you haven’t been a victim of one yet and are just learning all the crucial information just to make sure you are prepared in case something like this ever happens. This is the recommendation. So, learning what medical malpractice is and when it happens is the first step.
When a health care provider, regardless of the specialization, or a hospital, provides you medical treatment that is below the accepted and required standard of practice within the medical community, and such unaccepted treatment causes you harm, this represents medical malpractice or negligence.
And, if you are ever a victim of medical negligence, it is of the utmost importance to claim compensation; it is within your rights. Therefore, you should file a compensation claim for medical negligence as soon as possible. An essential and noteworthy mention would be that such cases can be lengthy and even quite stressful. But to make the entire process easier and to have some peace of mind, it is highly recommended to hire an experienced and qualified lawyer that knows how to handle personal injury and medical malpractice cases. Apart from their vast legal knowledge and comprehensive skill set, they can support your focusing on your recovery and getting better.
So, what do you do if you are a victim of medical negligence? This is yet another good question to ask yourself. To help you gain a better understanding of what this process entails and to support you, here are five steps to take after suffering from medical malpractice:
- Seek medical attention from a verified professional.
After you have discovered you are a victim of medical negligence, the first thing to do is seek medical attention. Indeed, this may not be easy, especially after experiencing such a traumatizing event. However, given your health has been affected and your condition worsened, or the best-case scenario, remained the same, it is of the utmost importance to find the correct treatment you should have had in the first place.
If you are afraid, it is essential to take it step-by-step and make sure you find the right medical professional. Your best chance is to go to a verified health care specialist and, if possible, get referrals from a friend, family member, or acquaintance.
It is crucial you go to someone whom you can trust, especially after experiencing medical malpractice. Not all medical providers or facilities offer treatment below the required standard of practice, and it is essential you know this.
- Document the entire experience as much as possible.
As in any legal case, evidence is crucial. Therefore, the more evidence you manage to gather, the better chances you have at winning the case and getting the much-deserved compensation. This way, you can cover all expenses as a result of the medical malpractice as well as the emotional and mental distress this experience has caused you.
It is understandable if you are stressed and afraid, and because of this, you may leave some important details out that can help you strengthen your case. For this reason, it is of the utmost importance to document everything to the most seemingly minor detail. This can be many things such as:
- All the names of all the doctors and nurses who were responsible for taking care of you;
- The diagnoses and courses of treatment you have been given, with all the documentation, medicine names and dosages;
- Any conversation you have, primarily written and sent digitally, between you and the team of health care professionals.
All these documents can strengthen the medical negligence case and help you get fair compensation. Plus, you can include evidence such as photographs or witness statements.
- Try getting answers from the health care personnel in question.
As mentioned earlier, being a victim of medical malpractice can make you feel a lot of negative emotions, such as fear, stress, uncertainty, worry, and so on. For this reason, it is recommended to try and detach yourself from the case while a professional attorney handles most of the aspects.
But it could help your case a great deal if you manage to get answers from the health care personnel responsible for your negligence. If it is too difficult, it is more reason to find a professional lawyer specializing in medical practice who can do this on your behalf. Getting a few statements can prove the malpractice more easily.
- Hire a professional attorney specializing in medical malpractice.
Apart from the fact that a professional lawyer with vast experience in medical malpractice legal cases can gather vital information and documentation that can prove medical negligence, these professionals can also give you peace of mind.
Knowing you have a specialist handling all the complexities of a malpractice case can give you the time and energy to focus on your health. Making sure you are well taken care of, and your condition is correctly treated is a priority. Working with a professional lawyer is beneficial to you. They also have a comprehensive skill set, such as being highly trained in negotiations, which increases the chances of you winning the case and getting justice and fair compensation.
- Request a copy of all your medical history on record.
It is of the utmost importance to request a copy of all your medical history on record. In fact, it is your right, and you are entitled to do this. Your medical records mean anything from x-rays, diagnoses, courses of treatment you were meant to follow and any medical conditions you may have to date.
An essential and noteworthy mention is not divulging why you wish to request this copy. Luckily, you don’t have to give any explanations, given that it is within your rights to get a copy of your own medical records. Once you have them, you can discuss them with your lawyers and decide on the next steps after carefully examining the documents and all the evidence gathered.