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The Right Way to Handle
a Medical Malpractice

medical malpractice

It takes a leap of faith for us to lay our lives in the hands of a doctor with the hope of recovering from a disease. This hope disappears when a doctor delays or gives you the wrong diagnosis. It not only causes a significant effect on the affected patient, but also on the entire family. Negligence can make the patient physically worse than they were and lead to financial constraints in a family that seeks to get better answers.

Statistics reveal that medical negligence comes third after heart problems and cancer in the list of death causes in America. You must be wondering why it happens. The reasons for neglect are diverse ranging from an inexperienced doctor to a mix up of medication. We will look into what medical malpractice involves as well as what you can do if you are a victim of it.

medical malpractice

What does the law consider as medical malpractice?

Before you can file for claims, you need to consider the following:

The relationship between your doctor and you as the patient
A doctor-patient relationship should exist for your application to be valid. You should prove that you hired a doctor and they treated you physically. For instance, getting advice from a friend who goes to a particular physician is not valid for a claim.

You should show be able to prove negligence
Being in denial of the diagnosis does not act as neglect from your doctor. The law requires you to show that the doctor caused physical pain that you could not have been done from an experienced, competent doctor. The incompetence of the doctor should be directly related to your bodily harm. Find an expert in the field to get a second opinion on the same.

Specific damages
Damages such as mental anguish as well as physical deterioration are valid for a lawsuit. If you are experiencing loss of wages due to the inability to continue working out of the doctor's negligence, you can sue them for malpractice.

medical malpractice

Types of medical malpractice

Lack of a diagnosis
A wrong diagnosis, as well as no diagnosis at all, are valid reasons for a lawsuit.

Improper treatment
Inadequate treatment from a doctor as well as the wrong administration of the treatment are also forms of medical malpractice.

Failure to communicate the risks
Doctors’ ethics demand that your doctor tells you the possible risks involved in treating your condition. It is called the duty of consent. For instance, if you need an operation, your doctor should communicate if it will affect your physical movements afterward. This will prepare you psychologically, and the family can also help you make the right call for your diagnosis.

medical malpractice

How should you handle medical malpractice?

Notify the medical professional
It is ethical to notify the doctor you intend to sue beforehand as you give them a chance to explain themselves. Your doctor can determine if there is something that they can do to reverse the situation. Since a lawsuit would affect their reputation, they would try to right their wrong by giving you a free service. You can work together to find the solution to the problem before suing them.

Get in touch with the licensing board
Sometimes, some cases are irreversible forcing you to proceed with the lawsuit. You can get in touch with the medical licensing board in charge of medical licenses. This body can give the doctor a warning or discipline them accordingly.

Talk to them outside the court
You can settle the medical malpractice out of court to prevent loss of resources such as time and money. For a cooperating medical practitioner who admits to negligence, you can find common ground to avoid further claims. However, if they are not ready to settle out of court and you have substantial evidence against them, you can proceed with the suit.

File the lawsuit promptly
Submit your claim on medical malpractice within the set time. Most states recommend you to submit it within two years. Going beyond the time limit poses a risk of your claim being dismissed in court even if you have enough evidence. Ensure that the time limit starts when the negligence happened so that the law does not dismiss your case. Find out the appropriate time limit from your state laws.

Submit your claim to a review panel
A review panel listens to the arguments of both sides to determine the validity of medical malpractice. They go through all the submitted evidence to help you decide how strong your case may be. A representative of the review panel presents the findings in court for further investigation.

medical malpractice

Let the expert give their testimony
An expert investigating the doctor's malpractice can be a crucial witness in the trial. They should be an experienced doctor in the same field with the knowledge and competence to treat a similar case. They can ascertain that the doctor did not adhere to the standards of medical practice.

Look for a personal injury attorney
There are different types of lawyers, but your case needs a personal injury attorney. They would handle the court proceedings on your behalf and inform you of any updates on your case. Your lawyer should submit the certificate of merit that shows a review of your medical records as per the assessment of the expert. They can help you get compensation for the damages caused by medical malpractice.

Talk to a settlement advance company
You can acquire settlement loans from a company to settle your expenses such as medical bills and court fees. Since court proceedings take time, a settlement advance company can smoothen the process.

Final thoughts

Most doctors do their best to give us proper treatment, but sometimes things don't go as expected. Medical negligence can happen from a nurse who submits the wrong medicine or a doctor who leaves surgical instruments in your body. We hear these cases all the time. It is a serious case that can cause severe harm to anyone including death. We should therefore not tolerate it in our hospitals and seek the law to file for damages.

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