Unfortunately, not all doctors are perfect. As humans, many do end up making mistakes or cutting corners. This can happen to the most senior or junior of doctors. Sadly, medical malpractice cases have hit around 85,000 per year.
In this article, we are going to discuss medical malpractice, the negligence of doctors, and what you must do if any of these things affect you. Of course, you’ll want to file a lawsuit, but we’ll need to dig a little deeper on how to make all of this happen. If you’ve suffered at the hands of a negligent medical professional, read on to find out everything you need to do next.
What Is Medical Malpractice?
What does the law say about medical malpractice? What qualifies as negligence? Well, when a doctor agrees to treat a patient, they have a duty of care to try and treat you to a certain standard. The outcome of the treatment is not something that can be sued for as long as the doctor meets the standard of care required.
For example, if you had to have your leg amputated but the doctors had done everything they could to save your leg, there are no grounds for medical malpractice. However, as explained so well by the legal professionals and experts in malpractice claims over at https://www.blg-dc.com/medical-malpractice/, if the doctor has not met this standard of care, this is where you can find grounds for medical malpractice. If a patient suffers an injury, illness, physical damage, or even death caused by a doctor who has not done everything in their power to treat them effectively, then a case of medical malpractice can be built. It’s about the standard of care given by these medical professionals we place our trust in.
The first thing to note when discussing a medical malpractice case is that you should start building your case as soon as possible after the injury or incident occurs. Depending on the state that you live in, there will be a statute of limitations on medical negligence cases. This can be anywhere between six months and two years. You need to make sure you don’t let this amount of time expire before bringing your case to the courts, otherwise, you may entirely miss the chance to make a claim.
Reach Out to a Lawyer
So, you’ll need to get yourself a lawyer as soon as possible. In the case of a medical malpractice lawsuit, you’ll want to find a lawyer who’s a specialist in this area of law. If you find a lawyer who doesn’t often work in medical law, you should reach out to someone else. These specialist lawyers will have plenty of experience in the law of medical negligence and will know exactly how to make sure the following steps are done perfectly in the hope of getting you the best settlement possible either in or out of court.
Show Proof of Relationship
The first part of proof when it comes to medical negligence is proving that your doctor agreed to treat you. You couldn’t sue a doctor who said something to a friend of yours which caused you to try and self-treat something. You need to show that your doctor has agreed to treat you and that you asked them to treat you! This proof of doctor-patient relationship is going to form the basis of your lawsuit, so it is essential. Medical records and bills will help you here.
The Negligent Doctor
Next, you have to find ways to prove that the doctor acted negligently. Remember, just because you aren’t happy with a medical outcome it doesn’t mean that you can sue for malpractice. You can only sue if there are things the doctor has done to reduce the quality of your care. You must be able to show that the doctor’s work caused you the injury or issue that you are now suffering with.
So, nothing other than the doctor’s choices can have caused your injury. They will likely try to claim it was caused elsewhere or by an underlying medical condition, so you need to be able to prove the opposite. Again, medical records, history of injuries, plus potentially testimony from other medical professionals will all help you develop your case.
What Did This Cost You
The point of a lawsuit, in the end, is to get some money out of the negligent party. You aren’t doing this for fun! You need to get some money to make sure you are rightly compensated for any losses you have suffered due to this injury.
When we talk about damages caused by this injury there could be many, many things included. For example, you may have needed to get a second set of medical treatments, referrals, appointments, and more. This will have cost you more money whether you have insurance or not, so needs to be claimed for. On top of this, you may have been traveling back and forth to the hospital, costing you even more. Make sure you record every single expense!
Any Other Damages
You also need to record any other damages that have occurred or you think may occur in the future. For example, have you or will you need to take time off work due to this injury? Are you going to lose money due to missing this time off work? Record this.
What about other long-term problems you may have? Do you foresee having to modify your home due to your medical condition? There are so many things like this you can claim for. Plus, there are always extra or “special” damages which you can claim simply for mental health damages and other such issues. Your lawyer will walk you through all of these different types of damages you can and should claim for.
If you follow these steps, you can work your way through a medical negligence lawsuit in no time and get a good result. Seek an experienced, professional lawyer or firm to take on your case. Record as much evidence as possible. Take the case to court and get the settlement you deserve!