Steps to Take If You Suspect Medical Malpractice

Steps to Take If You Suspect Medical Malpractice

Steps to Take If You Suspect Medical Malpractice

If you or a loved one have been hurt due to medical malpractice, you are likely dealing with serious issues that have had an impact on your health. When this happens, an experienced Medical Malpractice Lawyer can help you protect your rights and fight for the compensation to which you may be entitled. When there is medical malpractice involved, there are several important steps you must take to help strengthen your case and preserve your legal rights. Let’s see what these might be.

Contact the Healthcare Provider Involved

Before opting for a legal battle, contact the provider who caused your current issue. Prior to filing the legal claim, you may want to give them an opportunity to explain to you what might have gone wrong, and what their thinking had been when they prescribed you the wrong medication. provided you with a mistaken diagnosis, or affected your health in any way. This way you are giving your doctor a chance to remedy what has gone wrong. You might be surprised to discover how far your doctor is willing to go to provide a solution or fix the problem. They may even do what is necessary free of charge.

Seek Medical Attention from a Different Doctor

If the step above is not possible or if the medical provider ignores your request or has no suggestions for fixing their error, you should think about visiting another healthcare provider to address the issue. Another physician may be able to take corrective measures and restore the damage that was done to you. They may also offer you the correct diagnosis, the right medication, and dosage, or take any actions needed to prevent you from sustaining further harm.

Get a Medical Assessment Confirming Your Case

This second medical professional may give you documented evidence regarding your condition, providing you with a clear explanation of what went wrong.

They may also be able to extend a “Certificate of Merit” which may be a requirement of the state where you live in order for you to be able to proceed with a medical malpractice case. This certificate requires the physician to review your medical records and certify that your original doctor did not treat you following acceptable medical practices, thus creating your injuries or harm.

Get a Copy of Your Medical Records

It is crucial for you to obtain a copy of your medical records in which the details of your condition, treatment or lack thereof, and outcome are clearly spelled out. This is the strongest evidence regarding the standard of care that you did or did not receive and you should hand a copy to your malpractice attorney. Your insurance company will likely request a copy as well to confirm the errors or negligence that took place when you sought medical care.

Keep a Journal

Whether you end up filing a claim or eventually working with your original doctor to correct your medical issues, it is smart to keep a journal of your medical journey. You may believe you will remember every detail of what has happened but in reality, that is seldom the case. Write everything you can remember from the beginning and also keep a journal of the progress or lack of progress of your injuries. You may also want to take pictures as the injury progresses and make note of your feelings along the way.

Also, keep tabs on your medical expenses, everything you have had to pay out of your own pocket, the impact the injuries have had on your financial situation, and the income you have been unable to earn by not being able to return to work while you recover.

Consider Accepting a Settlement

By accepting a settlement amount from your treating physician, you may be able to avoid going to court only to discover that the insurance company has denied your claim. This is a frequent occurrence and getting a settlement may be the best way for you to go.

However, if you and your attorney are convinced that you have a strong case, you have the right to seek a larger settlement in court.

Work With a Malpractice Attorney

Trying to handle medical malpractice on your own may not land you with the best settlement or the best possibility to have your injuries remedied. Malpractice law is complicated and much more so when you are dealing with pain, medical appointments, and treatments that would not leave you with too much free time to understand the applicable laws in your case.

Working with a skilled malpractice attorney gives you the opportunity to have someone by your side who will explain to you your legal options, someone who will take the time to conduct an investigation into your claims and gather all evidence. They may also have experts they can call to support your claim.