The healthcare industry enjoys some of the highest trust levels in the general public. For the most part, this trust is well deserved because healthcare personnel diligently ensure they get the best outcomes from their patients.
Unfortunately, their best efforts can fall short, resulting in errors and, ultimately, patient injuries. When the errors result from negligence, the patients who suffer harm can sue the fault party for damages. This guide looks into medical malpractice laws from their definitions, liable parties, and how to approach one.
What Is Medical Malpractice?
Medical malpractice is professional negligence by a healthcare professional, such as a doctor, surgeon, nurse, or pharmacist, leading to an injury to a patient. It occurs when a health care professional deviates from the standard of care a reasonably skilled professional would have provided under similar circumstances, causing harm to a patient.
Medical malpractice lawsuits can arise from a case of failure to diagnose, delayed diagnosis, failure to treat, surgical errors, medication errors, birth injuries, etc.
What To Do If You Suspect Medical Malpractice
In some cases, the hospital or doctors involved in a medical malpractice case may try to cover it up to avoid the reputational and professional damage a case could have on them. So, if you have suspicions, start taking action immediately.
Talk To Someone
You should talk to someone you can trust, for example, a medical malpractice lawyer. A medical malpractice lawyer, though having some knowledge of medical malpractice matters, may not know everything about a medical issue.
However, most have a pool of professionals to contact for a professional opinion about your case. Also, they will help guide you into the steps you need to take to better your chances of recovering compensation and avoiding mistakes.
Request Medical Records
Your medical records contain critical information you need to make your case. It is unlikely that a hospital or a doctor will try to tamper with them, but you do not want to take the chances if you are suspicious of wrongdoing.
So, request to get copies as soon as you can. If you encounter problems, talk to a layer and have them help you access them. Medical documents help tell a story and help your lawyer and expert witnesses pick out situations that could qualify as negligence, such as failure to order specific tests.
Get Medical Attention
It is impossible to recover a medical malpractice claim if you haven’t received treatment for injuries sustained. The hospital where you suffered harm can offer to correct their mistakes, but they may not be the best option for medical treatment considering they have vested interests in your case.
So, seek medical attention from an independent healthcare provider. The documentation your treatment journey produces will be critical in building your case regarding damage valuation. Also, they help establish a link between the harm and the medical malpractice.
Gather Evidence and Get a Lawyer
Like other personal injury cases, evidence will be critical in the outcome of your medical malpractice claim. Evidence can be in pictures and video footage of the harm suffered and its impact on your life, medical records, correspondence with the defendant and their lawyers, expert witness statements, etc.
Besides evidence, you will need a medical malpractice lawyer to help make sense of it and help you access evidence that may require technical legal approaches. Medical malpractice lawsuits are among the most challenging personal injury claims, and there are very slim chances of recovering fair compensation without a lawyer.