Pursuing a medical malpractice lawsuit is a big decision that requires careful consideration and a plan that begins with hiring a lawyer. Medical malpractice occurs when a healthcare provider negligently deviates from the legally binding standards of care, which results in harm to the patient. This can include things like a misdiagnosis, lack of diagnosis, an incorrect prescription, or a surgical error.
If you believe you’ve been the victim of medical malpractice, here’s what you need to know about pursuing justice and financial compensation.
1. Your first step is to speak with a medical malpractice lawyer
The legal system is highly complex, and if you attempt to pursue a lawsuit on your own, you’re going to make mistakes that will cause you to lose or get your case dismissed. Hiring an attorney is the best way to ensure you get an optimal case outcome.
If you’re wondering whether or not you should even pursue a legal claim, don’t hesitate to speak with a lawyer to learn about the process. It’s not hard; your attorney will take care of everything for you.
The benefits of suing a negligent medical provider are huge. Filing a lawsuit will help you recover and move forward, both financially and emotionally. This is especially true if you’ve had to take time off work or are disabled. Healing is easier when you aren’t under constant pressure, wondering how you’re going to pay your bills.
2. Understand what counts as medical malpractice
The general definition of medical malpractice is when a provider’s negligence causes injury to a patient. To establish a successful claim, you’ll need to prove the following:
· That the healthcare provider owed you a professional duty of care
· The healthcare provider breached that duty
· The breach caused an injury
· That injury led to specific damages
Consider your situation under these requirements, and consult an attorney to get a legal opinion regarding whether you have a strong case.
3. Understand what doesn’t count as medical malpractice
Some circumstances won’t count as medical malpractice. Unfortunately, a medical malpractice lawsuit isn’t the right option to pursue if a provider was disrespectful or rude. The only exception would be if their demeanor directly impacted the quality of care that was provided.
You also won’t be able to file a medical malpractice lawsuit for changes in the cost of treatment, miscommunications regarding what is covered by your health insurance plan, or being billed incorrectly. Some of these issues might require legal intervention, but they don’t count as medical malpractice.
4. Seek medical attention quickly
If you’ve been harmed by a medical provider, it’s important to seek medical care from a different healthcare professional promptly. It’s not just for your own well-being – it’s crucial to win your case.
For example, you can’t just claim you had serious complications from a surgery and expect to win. You have to prove the complications happened, and then you need to prove they were the result of negligence and show how those complications harmed you. When you’re trying to establish that negligence caused your complications, a doctor is the only person qualified to make that determination.
5. Obtain your medical records
Request copies of all medical records from every healthcare provider involved in your situation, even if you only spent a short period of time in a facility or received care from an outpatient clinic. Your lawyer will need a complete picture of your situation from start to finish. Your medical records will serve as vital evidence documenting your treatments and the decisions made about your care.
6. Don’t accept a settlement from your provider
There’s a chance your provider might offer you a lowball settlement to prevent you from filing a lawsuit. Never accept an offer without talking to your lawyer because if you accept, you’ll forfeit the right to sue. If you don’t have an attorney, get a consultation right away. Settlement offers like these are virtually guaranteed to be significantly lower than what you could get in court.
Weigh your options
Lawsuits require your full commitment to partnering with your attorney. While nobody can predict the outcome of your case, an attorney will know if your situation has merit. If you’re given the option to settle with your healthcare provider out of court, talk to a lawyer before accepting to make sure you’re not short changing yourself. Sometimes a lawsuit is the right option, but not always. That decision is best made by an attorney.
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