9 Steps to Take if You Have a Case for Medical Malpractice

9 Steps to Take if You Have a Case for Medical Malpractice

According to the National Center for Policy Analysis, 13% of hospital patients suffer from medical errors. It includes everything from wrong-site surgery to deadly infections. And while some of these adverse events are unavoidable, many results from medical negligence.

There are three main ways to know if you or a loved one has been the victim of medical malpractice:

  • You can consult with an experienced medical malpractice lawyer to get a professional opinion about whether you may have a case. 
  • You can look for sure warning signs that might indicate malpractice. 
  • You can learn about the common types of medical malpractice. 

Medical malpractice cases can be complex and time-consuming. But if you believe that you or a loved one has been the victim of medical negligence. In that case, it is crucial to understand the process and what you can do to protect your rights.

1. Talk to Your Doctor

The first step is to talk to your doctor about your concerns. If you have a good relationship with your physician, they may be able to offer some explanations or suggestions. It is also possible that your doctor made a mistake but is unaware of it. If this is the case, your doctor may be able to help you get the treatment you need, for instance, in cases such as cerebral palsy or birth injuries. If you have a claim for cerebral palsy medical malpractice, you first need to speak with a medical doctor who can help you understand your legal options. 

2. Get a Second Opinion

If you are not satisfied with your doctor’s explanation, you may want to get a second opinion from another physician. It can be especially helpful if you have a complex medical condition or are unsure about your diagnosis. Get all your medical records from your first doctor before seeing the second one. It will give the second doctor a complete picture of your health. 

3. Research Your Doctor’s Background

You can also research your doctor’s background to see if there have been any past complaints or disciplinary actions. The Federation of State Medical Boards provides information on state medical boards overseeing doctor licensure and discipline. You can also check the National Practitioner Data Bank, maintained by the U.S. Department of Health and Human Services. This database includes information on physicians and other healthcare providers who have reported to the state medical boards, hospitals, or other organizations.

4. Look for Warning Signs

Certain warning signs may indicate medical malpractice. If you notice any of the following, it is essential to speak with an experienced lawyer as soon as possible:

  • A sudden change in your doctor’s behavior 
  • A sudden decline in the quality of your care 
  • Unnecessary or excessive tests or treatments 
  • Unwillingness to answer your questions or listen to your concerns 

However, it is essential to remember that not all of these warning signs necessarily indicate malpractice. There may be a perfectly innocent explanation. For instance, your doctor may be short-staffed and unable to give you the attention you need. Your doctor may be concerned about a potential lawsuit and may be more guarded in their interactions with you.

5. Understand the Common Types of Malpractice

There are many different types of medical malpractice, but some are more common than others. The most common types of malpractice include:

  • Misdiagnosis or delayed diagnosis 
  • Surgical errors 
  • Anesthesia errors 
  • Birth injuries 
  • Medication errors 
  • Failure to obtain informed consent 

Have you been injured in an accident or a victim of medical malpractice? In that case, it is essential to speak with an experienced lawyer as soon as possible. However, even if your case does not fall into one of these categories, you may still qualify for a claim.

And let’s not forget those cases that involve spinal cord injuries. A spinal cord injury is an injury to the spinal cord that results in a loss of function. The injury can be caused by any number of causes, including a traumatic event, infection, or disease.

A spinal cord injury (SCI) may result in total or partial paralysis below the site of the injury and may also cause long-term medical problems such as chronic pain, muscle spasms, and difficulty with bowel and bladder control.

There are many Compensation cases for spinal injury victims. These cases are usually filed when the person injured has suffered an acute neurological event that has resulted in a significant loss of function below the level of their lesion.

6. Know the Statute of Limitations

It is also important to be aware of the limitations of medical malpractice claims. It is the deadline for filing a lawsuit. The statute of limitations varies from state to state but is usually between one and six years. In some cases, the deadline may be extended if the injured party did not discover the injury right away. Suppose you believe you have a medical malpractice claim. In that case, it is crucial to speak with a lawyer as soon as possible to make sure your claim is filed before the deadline expires.

However, even if the statute of limitations has expired, you may still be able to file a claim. The court will allow a late filing, considering extenuating circumstances in some cases. For instance, if the statute of limitations is about to expire and you are in the middle of treatment for your injuries, the court may allow you to file a late claim. If you are unsure about the statute of limitations in your case, it is crucial to speak with a lawyer as soon as possible.

7. Be Prepared to Prove Your Case

If you decide to file a medical malpractice lawsuit, you must be prepared to prove your case. You will need to show that the doctor owed you a duty of care, that the doctor breached that duty, and that you were injured. You will also need to show that the doctor’s negligence caused your injuries and that you have suffered damages.

To prove these elements, you will need to gather evidence. It may include medical records, expert testimony, and eyewitness accounts. Therefore, it is crucial to speak with a lawyer like the ones at Schuerger Shunnarah Trial Attorneys as soon as possible so that they can help you gather the evidence you need to prove your case.

8. Be Prepared for a Long Battle

If you decide to file a medical malpractice lawsuit, you should prepare for a long battle. These cases are notoriously complex and can take years to resolve. Additionally, they are often costly to litigate. Therefore, you will need to be prepared for a long and challenging battle if you decide to pursue a medical malpractice claim.

9. Speak with an Experienced Lawyer

Suppose you believe you have been the victim of medical malpractice. In that case, it is important to speak with an experienced lawyer as soon as possible. An experienced lawyer will be able to review your case and determine if you have a claim. They will also be able to help you gather evidence and build a strong case. Additionally, an experienced lawyer will know how to navigate the complex legal system and will be able to fight for your rights every step of the way.

Bottom Line:

Medical malpractice claims are complex and can be difficult to win. However, if you have been the victim of medical malpractice, it is important to speak with an experienced lawyer as soon as possible. An experienced lawyer will be able to review your case and determine if you have a claim. They will also be able to help you gather evidence and build a strong case. Additionally, an experienced lawyer will know how to navigate the complex legal system and will be able to fight for your rights every step of the way.

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