It’s sad and unfair when you or someone you love is a victim of medical malpractice. You likely desire justice but don’t know how to go about it. Although it seems complicated, pursuing justice in cases of medical malpractice is not as complicated as most people think. All you have to do is decide to pursue it.
Justice for medical malpractice comes in the form of compensation for losses, pain, and injuries that have occurred as a result. The money comes in handy in repairing some of the damages caused or helps victims recover money spent on problems caused by the issue.
If you or someone you love is a victim of medical malpractice, you are not alone. Unfortunately, some health facilities and professionals are negligent in their duties. At the very least, bringing a lawsuit against a health professional or hospital for genuine malpractice, prompts a streamlining of procedures, policies and better training, saving others from undergoing similar suffering in the future.
So if you or someone you love has been a victim of malpractice, it’s time to get justice. If you are wondering how to go about it, here are some helpful tips.
Establish that you or you’re loved one is really a victim of malpractice
The first thing you need to do before you pursue a medical malpractice claim, is to gather all the evidence you can find. You need to have convincing evidence that shows that the medical professional or facility you want to sue has been negligent in their duty towards you.
Examples of cases where you can sue for medical malpractice are;
- Where there is a surgical error
- Where doctors fail to get informed consent for a medical procedure
- If you are wrongly diagnosed and treated for an ailment
- Getting an infection during a medical procedure due to a health worker’s carelessness
- Receiving the wrong medication or dosage.
If you or someone you love is a victim of some of the above issues and others listed  , you can sue the doctors or health facility involved for medical malpractice. But first, you need proof.
What is proof of medical malpractice?
If you want to prove malpractice, you can’t just use hearsay. You have to show proof in the form of documents and other items detailing the following;
- There was a doctor-client relationship
Show that you were under the care of the doctor or hospital in question and for how long. Your medical records can show this, and any receipts of payment will come in handy too.
- Proof that the medical practitioner or institution was negligent
You have to prove the doctors or hospital did not meet set medical standards when taking care of your injury or ailment. You also need to show how they bungled a medical procedure, therapy, or gave you the wrong medication.
In short, did the doctors or hospital provide you with the right services, treatment, and aftercare or not? If not, where is the evidence?
Here you may need the evidence of another medical practitioner that may have examined you or identified other forms of malpractice like the wrong treatment given, a bungled surgery, misdiagnosis, or poor aftercare. Your medical records can also show this.
- Evidence of injuries
You should also have proof of damages as a result of the doctors’ or hospital’s negligence, whether mental, emotional, or physical.
You may have proof through expert evidence as explained above, x-rays, pictures of your injuries, reports by other doctors, etc.
- Proof of the losses
Prove that medical negligence has caused you losses. For example, show evidence of payments you have made or lost as a result of damages, injuries, and ailments triggered or caused by the negligence of the doctors or hospital.
Here you may provide evidence of days away from work, any proof of emotional turmoil, etc.
Benefits of consulting a medical malpractice lawyer
Once you have evidence, you should consult a lawyer. You probably want to confront the hospital or doctors involved in person, but that’s not a good idea. Here are reasons why you should consult a medical malpractice lawsuits expert instead.
- Challenging doctors or a hospital in person can jeopardize your case. They may end up tampering with evidence or intimidating you.
A lawyer that knows the ropes will avoid such pitfalls and preserve the integrity of your case, while pursuing justice for you.
- There are specific pre-suit requirements you need to meet to put forward a valid lawsuit. For example, it’s especially important to pursue a malpractice claim as soon as possible before the statute of limitation on it expires.
A lawyer will help you to wade through such legal details so that you can get justice and compensation as you deserve.
- Most importantly, a lawyer experienced in malpractice matters has built a database of experts and other contacts that are invaluable in winning a case. It’s wise to use an expert with such valuable connections on your side.
What happens when you hire a malpractice lawyer?
Once you decide to hire a medical malpractice lawyer, here is what you can expect.
- Your lawyer will ask you to carry copies of all your evidence to help them analyze the case.
Using things like your medical journal, medical reports, or even Xrays, your lawyer can determine either independently or with the help of experts if you have a case.
- Your lawyer may also give notice to the insurance companies and medical facilities involved in the case.
It may give you a chance to get a settlement out of court. It also keeps you from having to talk to them and jeopardizing your case.
- Also, expect your lawyer to comply with all pre-suit requirements if you decide to pursue the case.
That will ensure your claim is valid and will get a hearing. You don’t want to file a lawsuit the wrong way and lose the chance to get justice for your malpractice claim.
- Lastly, after following proper pre-suit requirements, your lawyer will draft and file a complaint on your behalf.
It is a formal presentation of the charges against the hospital or doctor involved in the malpractice. That’s when the suit is underway, and you are on your way to getting justice.
As you can see, all these processes involved in suing for medical malpractice require a professional.
There is more information here that you can use to understand how medical malpractice lawsuits work. But you won’t get justice if you don’t start somewhere. So why don’t you call an expert medical malpractice lawyer for some advice today?
