No one expects to get hurt by their healthcare provider, but it happens more often than you’d think. Medical malpractice is a dark reality in the healthcare system. If you or a loved one has been a victim of medical negligence, it is important to understand all the technicalities of your situation. Let’s take a closer look.
What is Medical Malpractice
Medical malpractice occurs when a healthcare professional fails to provide appropriate treatment or standard of care, causing the patient to suffer from permanent or temporary pain, illness, and injury.
Medical malpractice can harm patients in a number of ways. Common case examples include:
- Misdiagnosis, such as diagnosing a stroke as a migraine
- Delayed diagnosis
- Surgical errors, such as operating on the wrong body part, leaving foreign objects inside the patient, and failure to follow proper anesthesia protocols
- Birth defects, such as Shoulder Dystocia or Fetal Macrosomia
- Medication errors, such as prescribing the wrong medication or the wrong dosage
Legal Grounds for a Medical Malpractice Lawsuit
To establish a medical malpractice lawsuit, a number of factors must be involved. This includes:
A Provider/ Patient Relationship Existed
The first step is demonstrating that a patient/ provider relationship existed, which means the healthcare professional had a duty to provide standard care. Even registering at the emergency room and consulting a doctor is proof of duty of care.
The Duty of Care was Breached
All healthcare providers are supposed to adhere to a standard of care. When they fail to comply with these guidelines, you have grounds for filing a medical malpractice claim.
An Injury Resulted from Negligence
The next step is demonstrating that the breach of duty or negligence directly resulted in an illness or injury. If a patient feels the provider was negligent, but no harm or injury occurs, a claim won’t be valid.
The Injury Had Damaging Consequences
Lastly, you need to prove that you suffered from considerable damage due to medical malpractice. This can include physical pain, financial loss, and emotional suffering.
To prove medical malpractice, you also need to follow a statute of limitations, which is the time limit for filing a lawsuit. It can vary in different U.S. states and cities. For example, if you’re living in Albany, consult with a team of competent Albany medical malpractice lawyers to know your specific regulations.
What To Do If You Suspect Malpractice
Did you know there are between 15,000 and 19,000 medical malpractice cases filed in the United States every year? This is a terrifying statistic and indicates that you must take immediate action if you suspect medical negligence or malpractice.
Here are six important steps you need to take:
Don’t Discuss It With Your Doctor
Many people make the mistake of reaching out to their doctor or healthcare professional demanding explanations. Whether you wish to file a lawsuit or not, it is best not to interact. Upon hearing your complaint, the doctor or the hospital might try to hide evidence and cover up their error. This can make it extremely difficult to prove negligence.
Get Second Opinion
Next, get a second opinion from another healthcare provider. They can give you an unbiased, neutral perspective on your suspicions. The doctor will:
- Go over your symptoms in detail
- Review your medical history
- Conduct a full medical exam
- Provide a second diagnosis
- Explain the medical reasons behind your injury or illness caused earlier
In many cases, a medical provider giving a second opinion might not prescribe medications or future treatment. They will only evaluate your condition and assess the validity of your claim.
Document Everything
Proper documentation is critical for a successful medical malpractice claim. Throughout your medical care, be sure to keep copies of all your documents that provide detailed information about your treatments, including procedures, prescriptions, and notes from your healthcare provider.
You should also collect medical test records, such as X-rays, MRIs, and blood work. Lawyers also recommend attaching medical consent forms indicating that you gave permission to undergo a certain procedure, but the doctor failed to disclose the risks. Lastly, medical bills and receipts indicate the financial stress you’ve undergone, further strengthening your claim.
Other important documents include:
- Written communication between you and your healthcare provider via email or messages
- Witness statements that can provide insights into your medical malpractice claim
- Employment records to showcase your earning capacity and lost wages
- Photographs and videos to demonstrate your condition, injuries, and recovery process. You can also photograph hospital conditions that go against standard regulations, such as unsanitary bed sheets
Remember to make both physical and digital copies of all the relevant documents.
Hire a Medical Malpractice Attorney
Medical malpractice cases are some of the most complex cases in tort law. Collecting evidence, getting witness statements, and complying with time frames can be difficult for someone who has never been involved in civil litigation. Hiring a medical malpractice attorney can streamline the process and help you get the compensation you deserve.
A medical malpractice attorney will have in-depth knowledge of state laws. They can handle insurance adjusters and use expert techniques to build a strong case. When hiring a medical malpractice attorney, consider the following factors:
- Familiarity with cases similar to yours
- Success rate
- Communication style and empathy
- Negotiation experience
- Caseload
- Approach towards trial
- Fees and payment preference
- Reputation and reviews
A little research early on can save you from any financial surprises in the future.
Understand the Process of Filing a Lawsuit
Despite working with a medical malpractice lawyer, it is critical to understand the process of filing a claim yourself. This will prepare you both emotionally and financially and help you manage expectations.
A typical medical malpractice case involves:
- Gathering evidence (medical records, witness statements, and expert opinions)
- Filing a complaint
- Serving the defendant
- Discovery phase
- Settlement negotiation
- Trial, if settlement is not reached
- Post-trial motions and appeals
While there is no strict time frame for a medical malpractice case, you can ask your lawyer about a potential timeline.
Know the Kind of Damages You Can Seek
Medical malpractice compensatory damages can be divided into two types: economic and non-economic damages. Economic damages include:
- Medical expenses (medication, tests, and procedures)
- Loss of wages
- Loss of future earning capacity
Non-economic damages include:
- Loss of consortium
- Emotional distress
- Pain and suffering
You can also seek punitive damages if the healthcare professional acted with gross negligence or even malicious intent.
Suffering from medical negligence or malpractice isn’t the end of the road. By knowing the types of cases and what you should do if you suspect medical malpractice, you can hold the guilty persons responsible and seek fair compensation.
