People often have blind trust in the medical staff, mostly because they expect the doctor’s qualifications and experience to have taught him the best. However, that’s not always the case.
Misdiagnosis, mistreatment, and negligence are all part of medical malpractice. Both hospital and the medical staff must be held accountable.
But what options do an average person has when they or their loved ones have been a victim of these instances?
Due to a lack of knowledge and awareness about the many options available, patients often forgo the opportunity to get compensation and recover their damages. However, suppose you feel a medical professional has wronged you.
Get In Touch With Your Medical Team
Before you go running after a legal representative and advisor, it is recommended to get in touch with the clinic or hospital where you were a medical malpractice victim.
If you don’t go through this step, it is very much likely that your doctor will only find out about what you went through once he or she receives a letter informing them they’ve been sued. Going to the court can be expensive for you, so perhaps an out-of-court settlement can be reached too.
If you contact them first, the doctor could perhaps restudy the case and find out what actually went wrong. The medical staff could offer an alternate treatment or compensate you in other ways.
However, in most cases, the damage is critical or irreversible, and no amount of compensation is offered in terms of an alternate treatment or remedy that can help victims feel that their case is settled.
If that’s how you feel, the next step is for you.
Contact the Experts: Board Certified Medical Malpractice Attorney
If out of court settlement is out of the question for you, it is an absolute must to get relevant authorities involved.
A medical malpractice attorney will act as a civil litigator and help you reach a favorable settlement.
You must not waste any time in doing so, as once the statute of limitation deadline passes, you will not be able to sue (although special circumstances could result in an extension of the time limit). If you exceed these limits, you might be unable to recover money from the medical staff.
In some cases, the time of statute of limitation starts after the discovery of the health damage, while in others, there is a stricter observance as soon as the surgery/malpractice is done.
A certified medical malpractice attorney can help you understand this better and let you know your available options. They will have relevant experience in the field and guide you every step of the way, assuring you that justice will be served.
The lawyer will also send a notice of claim to the health care provider in question as that must be done before filing a lawsuit with the court. This document will include all information about both physical and financial losses incurred.
Evidence: Medical Record and Other Documents
No legal claim can be made without evidence. The very moment you have a feeling that you have been wronged and someone should be held answerable for your health damage, you must gain access to a copy of your medical record by filing a request.
These medical records are what your attorney will study to find out if you can make a claim and reach a conclusion about your chances of winning. Your lawyer will use these documents to assess your case.
These records will also enable them to identify eyewitnesses or medical expert witnesses.
Further Proof: Affidavit or Certificate of Merit
It is crucial before filing a lawsuit to prove that you have been a victim of medical malpractice. It is a must to obtain an expert medical witness who can vouch for you given their medical field experience.
The patient must submit an affidavit or certificate provided by the expert, proving that the standard of care was breached.
Only once you have sent a notice of claim and the experts give your lawyer the green light to go ahead with the case, your case can be filed. Substandard care provided by a doctor must not go unaccounted for. In that case, you need any assistance, the law advisory. can help you figure out a way to file a lawsuit for health damage. The process to do so is as follows.
