This Article is a Guest Post by Pamela Richardson
Disclaimer: This article only contains general information on how to deal with medical negligence and malpractice. It should not be considered as a substitute for actual legal advice as to the legal nature of the subject matter. If you want to learn more about the legal nature of medical malpractice and negligence, get in touch with a qualified medical malpractice attorney.
Are you a victim of medical negligence and medical malpractice? If so, you’re most likely experiencing the emotional stress and trauma brought by the incident itself. In most States, injuries and even death are often the results of a medical professional’s failure to perform a reasonable standard of care for their patients. If you think your doctor has committed medical negligence as well as medical malpractice against you, you can use all available legal remedies to get the justice that you feel you deserve.
How To Know When Your Doctor Has Committed An Act of Medical Negligence and Medical Malpractice
Medical negligence and malpractice happen when a medical professional fails to provide adequate medical care which failure causes harm, injury or even death to the patient. When this incident occurs, the person expected to give the quality of medical care can be held liable for the damages sustained by the patient. If you consider yourself a victim of medical negligence and medical malpractice, the following factors must be noted:
- Neglect or omission to perform a proper standard of care: The medical malpractice law provides that for your doctor to be responsible for medical negligence, it must be proven by your attorney that they breach the standard of care required for their medical profession. Remember that you and your lawyer have to establish the duty of care on the part of the doctor before assuming the element of negligence or malpractice when you’ve incurred injuries under their medical care.
- Negligence causes your injury: When we say “negligence causes your injury,” it means that your doctor was negligent enough to prevent you from obtaining some injuries. However, if you know that your doctor was negligent in performing a standard of care, but you did not sustain any harm or injury, you cannot still bring a cause of action to sue them because you failed to justify that negligence causes the injury.
- The injuries have resulted in damages: The injuries are considered damaging if they resulted in the following:
- Emotional Anguish and Trauma.
- Loss of Earning Capacity.
- Lost Wages.
- Pain and Suffering.
- Physical Disability.
What Are The Cases Where Medical Negligence And Medical Malpractice Apply?
Any act of medical malpractice can lead to a lawsuit especially when the plaintiff has been able to establish the liability of the doctor concerned. Below are the cases where medical negligence and malpractice apply:
- Conducted an operation on the wrong part of the body.
- Failed diagnosis or failure to diagnose.
- Failure or neglect to order appropriate medical tests or to act on the results.
- Failure to make follow-ups about the patient’s medical condition.
- Provided the wrong prescription of medicines.
- Incorrect surgical operation
- Leaving anything inside the patient’s body after surgery.
- Premature discharge.
- The patient suffers from a tenacious pain after surgery.
How To Deal With Medical Negligence And Medical Malpractice?
When dealing with medical negligence and medical malpractice, below are the effective things to consider:
- Get medical treatment: If you think your doctor is guilty of medical malpractice against you, you have to seek for medical treatment to document the injuries you’ve incurred as a result of your doctor’s negligence.
- When you have yourself medically treated, you’ll have the power to prove your doctor’s negligence.
- Remember that a medical certificate indicating the injuries suffered can be used as evidence in a medical malpractice lawsuit claim. That’s why it’s important if you seek medical attention so that it’ll be easy for you to establish the guilt of the doctor.
- Gather your evidence: Anything that can justify your doctor’s acts of negligence can be essential in a malpractice case.
- If you want to recover compensation for the damages caused by the doctor’s malpractice acts, the first thing you must do is to collect your pieces of evidence.
- As mentioned earlier, a medical certificate with photos of your actual injuries can be strong evidence to be presented in court. Testimonies from other professionals and credible witnesses can also go a long way to justify your claim that your doctor is liable for medical malpractice.
- Hire a medical malpractice lawyer: If you’re initiating a medical malpractice lawsuit against your doctor, it’s a smart step if you hire a medical malpractice lawyer to defend you throughout the case proceedings.
- Being represented by an experienced medical malpractice lawyer is a key to win your case. In hiring your attorney, you have to consider their qualifications and areas of specializations to ensure that they can properly defend your claim.
- Make sure that your chosen lawyer has the experience in the particular issue you’re involved right now to see if they’re competent and knowledgeable enough to handle your case. Don’t forget to inquire about their location and payment terms before engaging the services of a medical malpractice lawyer.
- When you get your attorney, make use of the opportunity to know everything you need to learn about your malpractice case.
If you’ve suffered so much because of your doctor’s acts of medical negligence, it’s recommended that you talk to a qualified attorney as soon as possible to help you deal with the negative consequences of medical malpractice and negligence. That way, you’ll be guided as to what legal remedies you’re entitled to under the law.
Pamela Richardson hopes to impart knowledge on the law to the common reader through her pieces. Pamela tries to keep herself fit and active during her free time and is hoping to one day start up her own new business.