5 Things You Must Do if You Are a Victim of Medical Malpractice – 2024 Guide

Source: Petrov Law Firm

Having to do a medical procedure can be expensive, time-consuming, risky, and quite stressful. Of course, there are a lot of procedures that are very safe that shouldn’t cause you any worries. But, if it is something more serious then you are probably worried whether everything will go the way it should and whether your doctor is skilled enough to perform it. Not everyone who has studied for an exam can and should be a doctor, right?

Naturally, your designated doctor, the hospital and all the other members of the medical staff will do anything to convince you that they will be able to do the procedure properly. They’ll show his/her diplomas and previous experience with medical procedures and surgeries. But, no matter who it is, or where they have studied, they are still human which means that mistakes can always happen.

The doctor might seem like an honest and genuine person and it feels right to put your trust in them, but the fact is that anything can happen. Sometimes, even the best surgeon can get tired or deconcentrated which might lead to mistakes. These mistakes can range from small to large complications to deadly injuries.

But, it shouldn’t be your fault that the hospital was negligent while you were in their care. This is why the legal system has introduced something called medical malpractice.

This kind of malpractice can come in many forms. The staff might misread your laboratory results which could lead to the wrong medication. This medication might cause harm to you in the future. If you undergo several unnecessary surgeries, that is also considered malpractice. So, if you have experienced any of these situations, you have the right to be compensated.

So, here are some of the things you need to do if you are a victim of medical malpractice.

1. Find a new doctor

Source: HealthyWomen

If you believe that the medication or help you are getting at the current doctor is wrong and that they have made an error in your treatment, the first thing you should consider is finding someone else to help you. Of course, getting a refund or suing them is also important. You want your money back and you want to prevent that kind of thing ever happening for someone else.

However, the most important thing should always be your health which is why you should start looking for a new and experienced doctor who will be able to treat you properly. They will focus on treating all of the complications that happened after the error and your original health problem too.

2. Consult with a lawyer

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Medical malpractice might seem like a trial case that will easily be settled, but that’s simply not true. It is quite complicated and if you try to handle it by yourself, there is a high probability that you might lose in the trial. This is why it is strongly recommended that you find a lawyer that has had previous experience in this area of the law.

Of course, you shouldn’t just hire the first lawyer you find. Ask your friends and family members about any previous experience with medical practice and whether they can refer to you to a good lawyer. You could also do some online researching to find someone who already has dealt with cases that are similar to yours.

Before hiring the lawyer, provide him/her with all the details regarding your situation and ask them how high are the chances of getting compensation in the end. An experienced attorney on this subject will have a precise answer to this question. If you notice that they are not exactly confident about winning your case in trial, you should find someone else to help you.

There are many lawyers out there that specialize in many specific areas of medical malpractices such as asbestos exposure. So, if you have been a victim of exposure to this element which has led to you developing cancer, you can check out The Law Center. They specialize in helping people that have been unfortunate enough to be exposed to this kind of problem.

3. Don’t talk to the hospital

Source: The Healthy

One of the most important things you need to remember if you have been the victim of medical malpractice is that you should never speak to the hospital and medical staff that was negligent. By keeping all of your information to yourself, you are effectively increasing your chances of winning in court.

Because, if you do contact the hospital, you might let out some information that they might use as evidence in the future.

4. Ask for your medical records

Source: Verywell Health

While still keeping the hospital in the dark about your situation and that you want to sue them for malpractice, you should ask them to provide you with all of your medical records. These records will have all of the information about your time at the hospital. The tests they have done to you, the surgeries, the medication you have been taking, and everything else that might be useful in court.

Keep in mind, it is vital that you ask for the records before you submit your malpractice claim. Otherwise, they might try to alter the evidence or deny you access to it. So, if you do not want to hinder your case, don’t mention anything about the trial until your lawyer tells that you can.

5. Avoid mentioning this to your friends

Source: Medium

It is quite normal that you would want to share all of this pain you have endured to your friends, but even if the smallest details get leaked, it might lead to a lost case. Withhold from sharing any kind of information expect your partner or your closest family members. The fewer people know, the better the outcome. You should also refrain from posting or chatting with people about your situation because the hospital may use the website to dig up information about your case.