Most individuals go to their doctors to seek medical treatment and get better soon. However, like other humans, they also commit mistakes in the exercise of their medical profession. These errors can lead to the possible commitment of medical malpractice. It usually happens when a doctor or other healthcare provider causes an injury to a patient because they fail to provide a reasonable standard of care.
Nonetheless, it’s essential to note that becoming a victim of medical malpractice can be frustrating. Depending on the harm caused, you may have to deal with significant losses such as paying expensive medical bills, lost income, pain and suffering, and loss of enjoyment in life.
Thus, if you want to protect your rights, below are the things you should do if you suspect your doctor of committing medical malpractice when you’re under their medical supervision:
- Switch To Another Medical Professional Immediately
If you believe your first doctor committed medical negligence against you, the first thing you should do is seek medical care as quickly as possible.
Depending on the extent and severity of injury sustained, you need another competent physician to examine your condition and correct the medical mistakes committed by your former erring medical professional. In doing so, they may require you to undergo a series of diagnostic laboratory tests to ensure an accurate diagnosis.
Moreover, you can prevent your injury from getting worse by seeking medical attention the soonest after being victimized by medical malpractice. Also, you can successfully handle your case against the at-fault doctor when you’re healthy.
- Consult A Medical Malpractice Lawyer
Dealing with a malpractice case can be confusing and overwhelming. Without proper knowledge about this legal matter, you may end up compromising your chances of getting the compensation you’re entitled to. Because of this, it’s crucial to work with a dedicated medical malpractice lawyer. If you are in Kansas and seeking legal assistance, be sure to reach out to a Kansas city medical malpractice lawyer who can guide you through the complexities of your case. They can help you in the following ways:
- A medical malpractice attorney can offer valuable legal advice as to the best course of action to follow to increase your odds of winning.
- They can prepare all the necessary legwork to ensure your malpractice claim is valid.
- Additionally, they can help ensure that you comply with the statute of limitations for medical malpractice. It refers to the time limits providing the time you need to file a case after the incident. For example, if you’re filing a claim in New York, your lawyer can advise you about the time within which you should file your claim to avoid losing your right to do so.
- Seasoned with years of experience, a legal expert can launch an investigation regarding the alleged medical malpractice case you have against the at-fault party.
- Get A Copy Of Your Medical Records And Other Evidence
The next step to take as soon as you suspect your doctor of medical malpractice is to obtain a copy of your medical records and other pieces of evidence.
Generally, medical records play a crucial role in the success of your claim. They contain essential information about your medical history, diagnostic results, prescriptions, and treatment. Without this information, you may find it hard to win your case. Nevertheless, it’s highly advised to request a copy of your medical records in advance to avoid instances of alteration by the healthcare providers.
Additionally, it’s also essential to gather other valuable evidence to support your medical malpractice claim. These can include photos or videos of the injury, testimonies from the experts, witness statements, a journal documenting your experience, and other similar forms of documentation. When you have these pieces of evidence in place, you can have a higher chance of achieving a favorable outcome.
- File A Medical Malpractice Claim
Now that you have the evidence, it’s time to file medical malpractice against the doctor or other healthcare provider. The purpose of the claim is to sue the at-fault party and recover the compensation for the harm caused.
Even so, having a successful claim can be challenging. Your appointed legal representative needs to establish the four essential elements of negligence on the part of the at-fault doctor or other medical practitioners to win your claim. These can include:
- Duty of care: You should demonstrate that the healthcare professional has to provide you with the proper medical care.
- Violation of the duty: You should also show that the healthcare provider committed a breach of duty through negligence. Some common examples of negligence can include misdiagnosis, medication errors, and surgical mistakes.
- Injury: You should prove that the medical professional’s negligence has caused you harm.
- Damages: You should also establish that the injury resulted in medical bills, lost wages, loss of companionship, pain and suffering, and other similar forms of damage.
Bottom Line
Medical malpractice is a serious legal matter that you shouldn’t take lightly. If you have no idea what to do, there’s a likelihood that your claim will be denied, and you’ll be unable to get compensated for your injury. To avoid this scenario, it’s best to keep the abovementioned information in mind. Doing so can give you peace of mind, knowing your rights as a victim of medical malpractice are protected.