Doctors are supposed to help people heal, but medical mistakes happen, and they can leave you worse off than when you first showed up for help. When a healthcare provider’s mistake significantly impacts your life in a negative way, you might need to file a lawsuit.
The truth is, doctors make medical errors all the time, and sometimes those errors are considered malpractice. A medical malpractice lawsuit could be your best path to getting both justice and financial compensation. However, not all bad outcomes are considered malpractice. If you’ve been harmed by a medical provider and want to pursue legal action, here’s what you need to know.
1. Understand What Constitutes Malpractice
For a bad outcome to be considered medical malpractice, your situation must meet four specific criteria:
· There was a duty of care. You must prove you have a doctor-patient relationship with the provider.
· The duty of care was breached. The provider’s actions or inactions deviated from the medical standard of care.
· The breach directly caused harm. You must prove a direct connection between the provider’s breach of duty and your injury.
· The harm caused serious damage. You must prove actual harm, like medical expenses, lost wages, pain and suffering, or other losses.
Examples of medical malpractice include delayed diagnosis, childbirth injuries, medication errors, failure to treat, anesthesia errors, unnecessary surgery, operating on the wrong body part, poor aftercare, and denying necessary treatment, among other situations.
An attorney is the best resource for understanding whether or not your situation counts as malpractice.
2. It’s Important To Get A Second Or Third Medical Opinion Fast
If you’re getting worse, it’s crucial to get a second or even a third medical opinion as quickly as possible. Another healthcare provider can confirm whether your doctor deviated from the accepted standards of care. A second opinion will also help you build your case if you decide to file a lawsuit.
3. Document Everything
Keep accurate and thorough records of everything, including your prescriptions, discharge instructions, bills, appointment notes, and any other communications you have with your healthcare provider. Be sure to document verbal conversations so you don’t have to rely on memory later.
It also helps to journal about your symptoms every day so you have a clear timeline of how your condition has worsened.
4. Request Copies Of All Medical Records
You’re legally entitled to copies of your medical records, so request everything possible from every provider you’ve ever seen. For instance, ask for lab results, full charts, imaging studies, doctor’s notes, surgical reports, and anything else that may exist.
If your situation is serious, don’t give anyone the chance to “misplace” or “lose” your records. Ask for them immediately and don’t give any indication you might be considering legal action before you have everything in your hands.
5. Contact A Medical Malpractice Attorney
Hiring a medical malpractice attorney is your best option for winning the compensation you deserve. It’s not worth trying to do it alone. Lawyers that represent insurance companies are fierce, and they will do anything and everything to downplay your situation and reduce or eliminate your compensation. An attorney will know all the games they play and will have a strategy for winning.
6. Be Careful What You Say To Healthcare Providers And Insurance Companies
If you say the wrong thing to a healthcare provider or insurance company, it could cause you to lose your settlement. Never downplay your injuries by saying things like, “I’m fine” or “it’s no big deal.” Saying these types of statements to hospital staff, doctors, or insurance adjusters can cost you your settlement. Stay neutral. Stick to the facts when speaking to anyone about your situation. The only person you should express emotion to is your attorney.
7. Don’t Sign Anything Without Passing It To Your Lawyer
If anyone hands you paperwork to sign, they’re probably not trying to help you.
Whether it’s a hospital asking you to sign a release form to waive your right to sue, or a sneaky insurance company trying to get you to settle for pennies, don’t sign anything unless instructed by your attorney.
Hire A Lawyer So You Can Focus On Healing
At the end of the day, healing should be your top priority – not stressing over how you’ll pay the bills. Hiring a lawyer will make the entire process easier from start to finish. They’ll handle your legal battle and negotiate a settlement on your behalf so you can get the compensation you deserve.
