When you book an appointment with a doctor, you do so either because you are sick, injured, or have a kind of ailment that you need to treat. At other times, it might be that you just need to meet up with your regular checkup. People trust what the doctor says since it is a general belief that what they provide would help in your health improvement.
But, sometimes, medical mistakes could happen. A medical mistake like misdiagnosis, wrong prescription, or other oversights could result in the person suffering from life-long and debilitating health implications and sometimes, death.
So, in case medical malpractice should happen, below are some steps that you can take thereafter.
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Speak with an experienced medical malpractice attorney
After medical malpractice occurs, you must speak with an experienced attorney. Some healthcare providers and doctors might deny liability when medical malpractice occurs. So, say a birth injury occurs, you should contact birth injury attorneys.
Hiring a medical malpractice attorney can help you in several ways. Some of them are:
- An attorney would help you get important medical records like documents related to the treatment, x-rays, and also the contact information and name of the medical personnel.
- Also, you should know the process of having a lawsuit with a hospital or doctor. An attorney is in the best position to offer feasible advice on the best course of action. You should delay this step since it is very vital.
You can also research from good sources where they have published reliable articles on the possible compensation and damages you can expect.
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Ensure you get medical care
Going after a medical malpractice claim doesn’t mean that you should attend to your illness or injuries. You should get the right treatment for your illness or injuries.
When you don’t seek timely medical care or follow your doctor’s recommendation, it can be used as a defense against you. Also, ensure that you keep the billing records and documentation for the care you receive and give them to your attorney.
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Keep your medical records
Your attorney can also help you get medical records documenting your treatment. Generally, providers keep patients’ medical records for some years after medical treatment. So, when you or your attorney requests these medical records, the providers must give them to you.
Sometimes, it can be complicated to request records when a person passed away due to malpractice. When in such a situation, you must open a probate estate to get the legal authority for requesting records. This can take time, and this is a reason why you must not have delays in seeking legal counsel.
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Report the situation
An important step that you must take after medical malpractice occurs is to report the situation. Usually, many medical malpractices do not get reported simply because the victims assume that they won’t be believed. In many situations, legal action can be taken against people who do not report medical malpractice.
- You can report the incident to your State Licensing Board. They would in turn investigate this complaint and in certain states, the attorney general may also be involved in the process.
- Make a complaint to both the American Medical Association (AMA) and the Medical Association of America (AMA). These organisations are concerned and specialised in dealing with patient interests. Both organisations conduct surveys to know how patients feel about their doctors.
They also pass information to people on several medical health issues. Both organisations hold enough power to make a doctor accountable.
In any case, you must get on with this process as soon as possible. The attorney will give you the information that you need to ensure you get the justice you deserve.
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Preserve every piece of evidence
While investigating your case, your attorney would ask for any evidence that you have. Ensure that you have a file that contains medical, video, and photo documentation that you can give to your attorney. These videos and photos can serve as documentation of improper diagnosis that resulted in the injury.
Wrapping Up
Every year, there are several thousand medical mistakes that sometimes lead to tragic death cases or serious injuries. Medical providers like hospitals, nurses, and doctors are bound by duty to ensure individuals get appropriate care.
In a situation where a medical provider fails to give you the care that you should get under a similar circumstance, then the medical provider has breached the standard of care. This breach usually gives rise to what is called medical malpractice.
Though healthcare providers usually aim at providing the highest standard of care for a patient, there are some examples where errors might occur which would result in death, illness, or injury. The above steps would show you what to do when such an instance happens.
