Steps You Should Take After a Medical Malpractice

Posted February 17, 2020 by in Health + Fitness
stethoscope and a laptop

The healthcare industry is estimated to add over 4 million jobs amid 2012 and 2022. This makes it one of the fastest-growing industries in the country. However, as much as there is a need for quality healthcare, the sureness in medical providers can be exaggerated.

Did you know that medical negligence is the third primary reason for death in the United States? Bad doctors do not always cause medical malpractices. However, if you are suffering because of medical malpractice, it is important that you consult a personal injury attorney and file a claim.

What is Medical Malpractice?

Medical malpractice is professional negligence by a healthcare expert who has provided a patient with below-average care. As a result, the patient can sustain injuries or even death.

Types of Medical Malpractices

The following are the most common types of medical malpractices:

  • Misdiagnosis
  • Delayed diagnosis
  • Failure to get treatment
  • Surgical errors
  • Unauthorized treatment
  • Anesthesia errors
  • A breach in doctor-patient confidentiality 
  • Emergency room errors
  • Radiology errors
  • Dental malpractice
  • Birth injury and obstetrical negligence
  • Medical product liability

What to Do When you Suspect a Medical Malpractice

Contact your doctor

If a medical mistake has injured you, it would be best if you contact your doctor. Don’t hesitate since some of the injuries can be fixed without long-term side effects.

Gather evidence

In such a situation, your medical records are the best evidence. Due to privacy laws, you will have to approve through your signature to have your attorney, as well as any defendant, obtain copies of your medical records. It will be best if you request a copy of your medical reports as soon as you suspect a medical malpractice and deliver a copy to your attorney to allow them to assess your case comprehensively. Fast delivery of the medical reports to your lawyer will also enable them to petition medical opinions from other medical professionals who can serve as witnesses in your case.

Talk to a personal injury attorney

Some personal injury cases can be resolved without professional assistance; however, medical malpractice isn’t one of them. First, make sure that your claim is filed before the statute of limitations deadline has passed. Ensure you hire an experienced personal injury attorney like Jonathan Rosenfeld to help you calculate the damages; organize for independent medical examinations as well as gather medical expert testimonials. Your attorney will also help you avoid errors that will intimidate the victory of your claim.

Comply with Pre-suit requirement

Each state has its own formal pre-filing requirements for medical malpractice cases. Some states might require some professional support, which might be in the form of an affidavit of merit that orates on the right medical standard of care that was violated and the injuries that were caused. Make sure to abide by the pre-suit requirements to avoid the dismissal of your case.

Protect Your Rights

Filing a medical malpractice claim is a very complex process, and the legal topics involve a detailed and factual investigation. Therefore, consult a medical malpractice attorney as soon as possible to get legal assistance.