Medical malpractice or negligence refers to any act committed by a healthcare professional that deviates from their code of practices. In other words, all medical providers are expected to maintain the highest level of quality standards when providing medical care. Thus, anything that compromises their ability to carry out standard work procedures potentially counts as a case of negligence. And this can be something as minor as prescribing the wrong dosage of medication or as significant as not executing a necessary procedure before surgery.
Cases involving medical malpractice are complicated. That’s because they may cause a patient to sustain an injury that drastically impacts their quality of life or even result in death. According to Johns Hopkins research, an estimated 225,000 people die each year from medical malpractice in the US. This staggering figure makes it the third leading cause of death.
Why are malpractice cases difficult to win?
Medical malpractice lawsuits are challenging to succeed in due to various reasons. Firstly, because the situation is emotionally taxing for the person involved, the victim. It limits their ability to give out enough proof and evidence. And secondly, because it carries a significant risk for the physician held responsible. Since it can tarnish their reputation and adversely affect their work, they try to resolve matters outside court. Nonetheless, with the proper knowledge and guidance, the victims can win the case and gain their rightful compensation. Therefore, if you’ve experienced medical malpractice or know someone who’s suffering from its consequences, you must seek expert guidance.
For instance, asbestos exposure in hospitals isn’t something new. According to NCBI, several materials and equipment in healthcare facilities contain this fibrous silicate mineral, and healthcare workers are informed of its risks. Asbestos causes severe health issues such as lung cancer and mesothelioma. So, if you’ve developed mesothelioma because of your physician’s negligence, you must approach professionals. Since they’re aware of mesothelioma and its adverse effects, they can help you get proper treatment, explore financial options, and file lawsuits. We’d suggest you check out Mesothelioma Hope as this website provides help to mesothelioma victims in various ways.
Moving on, let’s discuss what you can do after suffering from medical malpractice:
- Consult another physician
When filing a lawsuit, you have to be mindful that you are in a position where you can potentially sabotage someone else’s career. As expected, your doctor/healthcare provider will try hard to minimize your chances of winning the case. Whether it be altering facts or adding in matters that weaken your claim, your chances of success are sure to be minimized if you stay with the same physician.
For this reason, it’s viable to switch your doctor before filing the case. Two contrasting reports (of the two physicians) may also add to the strength of your case.
- Obtain a legitimate copy of your records
Whether it’s a prescription form, orders for lab tests, or diagnostic reports, any document that enlists your medical data can prove valuable. We’d suggest you obtain the original copies of these documents and keep them to strengthen your case. Medical records serve as the best evidence for a malpractice claim. Therefore, it’s best to get your hands on them as soon as possible. When you attain these records, the risk of tampering with your data will also be eliminated. Ultimately, the medical facility will be barred from ruining your claim, further increasing your likelihood of winning the case.
- Keep complying with the medical advice
Despite filing a negligence lawsuit, you should continue following the advice of your healthcare provider. If you’ve approached another physician during this process, they’ll better help you deal with the situation. Follow their advice and prioritize your health above everything else. Alongside this, also lookout for signs of declining mental health. Suffering from medical malpractice or negligence can take a toll on your mental well-being as well. So, ensure that you aren’t compromising your mental health during your lawsuit.
- Enlist critical facts about the case and notify insurers
A malpractice case can take months to process. Therefore, gather as much evidence as possible to increase your chances of success. Keeping a record of minute details can be helpful, especially for incidences that can be easily forgotten. Moreover, while filing a lawsuit, it is essential to check in with your insurers before taking matters further.
Approaching your insurance company can even save you from potential damage or help you reach a settlement. In some states, this is even a prerequisite. Therefore, check to see if it applies to your region as well.
- Talk to an attorney
Every state has a discrete number of years in which a medical malpractice claim can be accepted. It commonly ranges from one to three years. So, check the duration for your region and act promptly.
It can even take an exceptionally long time for lawyers to process a claim. Hence, it’s best to act as soon as possible to increase your chances of winning.
Cases involving medical malpractice can be financially and emotionally taxing on an individual. The entire process can be challenging, from gathering evidence to filing a claim. Nevertheless, it can become less arduous only if you get the proper guidance and information. So, seek professional help, explore your options, and follow the tips shared above. Eventually, you’ll attain your rightful compensation and benefits.