When we seek medical support, most of us expect a doctor to abide by a certain standard of care. We expect the care we need; we also expect help and healing – not harm. But these expectations are not that impossible to satisfy, yet sometimes things go wrong. Sometimes those we trust to heal us actually do end up causing more harm. Experiencing medical carelessness or negligence can be a devastating and stressful experience, to say the least.
This under-recognised cause of harm is unfortunate, given that medical providers are supposed to preserve lives and not destroy them. However, if you or your loved one have been a victim, it pays to know that filling a medical negligence claim against a doctor might get you the financial support you need to get on with your life and perhaps repair those damages.
Medical malpractice & medical negligence: What’s the difference?
When a doctor’s actions or inactions fail to meet the medical standard of care, their behaviour constitutes medical negligence. However, when their negligence causes you to suffer an injury, it becomes medical malpractice. When you can prove a series of legal elements that add up to medical malpractice, you can take legal action against the negligent medical professional to receive an award for your injury.
Recognising whether medical negligence or medical practice occurs may not be as easy. In some cases, for instance, performing a procedure on the wrong patient or amputating the wrong limb, the injury and negligence is clearly evident. Malpractice, on the other hand, may not be immediately recognisable, as the injury may not manifest until a later stage – or medical providers do not provide information about the errors they made.
Do:
DO Document and Preserve medical records related to and following your medical negligence case. Any legal professional that you trust will need to review medical records related to the injury from the medical facility where the medical negligence occurred and from other doctors, rehabilitation centres, or personal physicians responsible for your treatment.
Some of these medical records and documents that you should preserve include appointment cards, medical records, death certificates, autopsy reports, and billing records or statements. While not all of them will be helpful in your case, having them all since you may not know which one will help accelerate the process.
DO list every name of all relevant medical providers, even if you don’t have your records yet. In doing so, you will stay organised throughout the process and allow your medical negligence lawyer to obtain the necessary records if you’re not able to.
DO Contact the right lawyer because medical malpractice cases are complex and require expertise related to medical negligence and medical matters. Irrespective of how certain you are about your claim, do not be tempted to act without an experienced medical malpractice attorney by your side.
What’s more, just as you would not go to a general doctor for back pain, don’t just call any lawyer. We understand that your unique situation may require immediate legal assistance but don’t just haste to hire the first legal help you find, look for an attorney whose background expertise relies heavily on medical malpractice cases.
Follow the right recommendations to ensure you’re better positioned to get the answers and the financial support you deserve.
DO obtain a copy of the death certificate and autopsy report if that’s the case. If someone you love dies following the negligence of a medical provider, having these documents play an important role.
A wrongful death case often requires the proper legal authorisation to represent the deceased individual or the state. An attorney specialising in wills and estates in your state can help you file a wrongful death claim.
Do Not:
DON’T overshare details in your malpractice claim. In doing so, you will negatively impact the course of the claim, and the malpractice case is no exception.
Keep important information to yourself unless you are talking to a family member or your specialised medical malpractice attorney.
Also, be careful what you post on socials like Facebook or Twitter about your case if you ever plan on doing that. A statement or a picture that you share even privately can be detrimental to your case.
DON’T act without consulting your lawyer, no matter your legal experience. The loss or experience you incur during a medical malpractice case may bring out emotions that make you demand immediate justice. But no matter how familiar you’re with those legal terms or how unbearable that pressure might be, don’t act without talking to your lawyer.
For example, don’t discuss with the hospital administrators about your suffering without your medical negligence attorney. Note that they would do anything in their powers to defend the career of one of their medical providers due to the medical claim you filed. Also, there’s a good chance they may convince you to solve the case without going to court, which may cost you the financial support you deserve.
DON’T miss any medical appointments because you will be examined by the defence party in an effort to find errors in your behaviour or reduce the gravity of your injuries. It’s crucial to follow a medical professional’s instructions and attend every appointment to convince both the jury and the judge that your injuries are real and that you deserve to be awarded for your suffering.
DON’T assume nothing happened, listen to your body. It’s normal to trust doctors, especially if you have little to no experience in the medical field. At the same time, this trust may trick you into concluding that you’re just overthinking and nothing’s wrong.
But, if you suspect something has happened and your injuries were a result of medical negligence, don’t ignore those feelings.
Your physicians may try to convince you otherwise as they know that your claim could harm their career. Believing them could cost you the compensation you deserve, so following your instincts and getting a second medical opinion is the best you can do.
