Steps to Take After Becoming a Victim of Medical Malpractice
When you get treated for a medical disorder, you don’t expect it to get worse, but sometimes this is the case when a doctor is guilty of medical malpractice. Medical errors are currently the third leading cause of death in the US due to the negligent actions of healthcare workers.
Some very high-profile and bizarre medical malpractice lawsuits have been filed over the years, but most victims never get compensation. A lot of medical malpractice goes unaccounted for or unreported because most individuals don’t know how to prove their injury or handle such a situation. When you get injured by a medical practitioner, it is important to get a medical malpractice attorney on your side as soon as possible.
According to RMFW Law, here are the steps you can take after you’ve become a victim of medical malpractice.
Get a Second Opinion
The best way to confirm that you have a serious injury is by getting another doctor to do a medical examination on you. They can let you know what exactly is happening and whether you have worse or new injuries due to the malpractice you experienced. If you get medical treatment from your new doctor, they can confirm that you were injured by your previous doctor. An official confirmation that you’ve been injured can be used by your attorney to help you obtain compensation for your damages.
Collect Evidence
Photographic evidence is extremely valuable when seeking a personal injury settlement. You can take pictures if you have any visible injuries. Physical evidence can also be useful, for example, if you received the incorrect medication, you can photograph the prescription bottle. Any medical errors that caused you harm should be documented so that your attorney can present this proof to the other party’s insurer.
Speak To An Attorney
With the help of a medical malpractice attorney, you can receive fair compensation for all of the injuries that were caused by your healthcare professional. They advocate on your behalf by presenting all of the evidence, showing how much you suffered in damages, and negotiating a settlement on your behalf. Your attorney must prove that the other party was negligent by showing the following elements are present in your case:
An Established Relationship
The relationship between you and your previous doctor can be established by showing invoices, prescribed medication, and other medical treatments.
Breach Of Duty
When a doctor is neglectful, this means that they breached their duty of care to you. Your doctor may have prescribed the wrong medication, provided the wrong dosage, or made other medical errors. They may have performed surgery in the wrong location or left surgical instruments inside of you. You may have experienced medical malpractice due to no follow-up care or inaction after you’ve been diagnosed. You may have received the wrong diagnosis altogether or an incorrect analysis of your laboratory tests. These are all examples of a breach of duty.
Causation Of Injury
Your personal injury has to be directly caused by medical malpractice. This means that any injuries you experienced that were not directly caused by the doctor’s actions can’t be considered medical malpractice. The doctor, nurse, assistant, or other healthcare practitioner has to be the reason you were harmed.
Harm Of Patient
In order to seek a settlement, you must have been harmed in some way that caused damages. You can’t receive compensation if there were no damages, even if the doctor did perform medical malpractice in some way. Speak to your attorney to find out what type of damages you can claim.
Seek A Settlement
Work with reliable attorneys who can help you obtain fair compensation after you suffered injuries because of your doctor. You may not be aware of the many types of medical malpractice that can occur to personal injury victims. Here are some of the most common forms:
- Failure to treat the patient
- Childbirth Injuries
- Prescription drug errors
- Delayed diagnosis or misdiagnosis
- Surgical errors
Even if your injury doesn’t fit into one of the above categories, you may still be eligible for compensation. This is because there are many forms of medical malpractice that you may not be aware of that your doctor should be held responsible for. Speak with experienced lawyers who can identify the issue and let you know how much in damages you are owed. Your attorney will include medical bills, pain and suffering, and lost wages in your settlement. This amount is based on how badly you have been injured and the length of your recovery. Your lawyer will do their best to represent your case so that the healthcare professional can be held liable for your damages.
