One would like to think that medical malpractice is something that only happens to someone else or on TV, but it can happen to you or someone you love. While we would all like to think that medical professionals would not make serious or catastrophic mistakes, they are human and it can happen.
Medical malpractice by definition means the negligence, incorrect treatment or the lack of treatment or action of a medical professional in the care and treatment of a patient, where the correct treatment or procedure should have been known, and the end result is detrimental to the patient's health or well-being. While sometimes injury to a patient is unavoidable and we don't like to see that, sometimes that is actually a necessary part of the treatment and is not considered malpractice. There are also time constraints on filing a malpractice lawsuit, but if you think you may have a valid case, this article presents some tips about how to get started and what you will need.
Lawyer Malpractice
The thing that will help you the most is doing as much homework as possible and having documentation on everything. Your best offense is a thorough understanding of malpractice and what is expected of medical professionals. The National Institute of Health web site and the American Medical Association web site can provide much of this information if you research them.
You can also check out which lawyers in your area have a good reputation for malpractice cases as well as check into their success rate. You can see which ones handle cases such as yours and check out their information on the state bar association website.
You need to get together as much information as you can about your case. Get all of your medical evaluations and records as well as all of your bills that are directly related to the incident. Some other costs that you may consider is lost wages as well as insurance premiums and be sure to make copies of everything before you give it all to your attorney.
If you had not done so prior to this time, start a journal or notebook with dates and times of all incidents and events that pertain to this case. Include as much information as possible, even including your initial consultation with the physician prior to this incident. Note any referrals to other doctors, and have the results of all blood tests, medications, and therapies. Keep a copy for yourself as well as having one for your lawyer.
You want to be sure to go with a lawyer that has experience in medical malpractice cases. Most lawyers offer free consultations so you may want to check with a few to see who meets your needs and who you feel most comfortable with. The lawyer will help you to determine if there is a case or not. Most lawyers will not take on a case that will not bring them any money in the long run, so they will be up front with you about your chances for success.
It is well known that medical malpractice lawsuits can be very complex, so you need to work with your lawyer to make an educated decision about whether you should move forward with it or not. But if you can gather all the documentation and you have been mistreated, you will also want to ensure that your rights are protected and as appropriate, that you are compensated for losses and damages.
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