As patients in a hospital or someone who’s under the care of a medical professional, the last thing we expect is getting more problems after seeking the appropriate treatment. However, medical malpractice does happen and it happens a lot more often than you think. Getting through it is an important matter to address.
There have been thousands of medical malpractice cases over the last decade. Most of these are caused either by the recklessness of a doctor, or an error in the treatment that the patients tried to avail themselves of. The story doesn’t end there. It’s the actions that the patients take that really matter.
If you become a victim of medical malpractice, you need to understand that it’s going to be a distressing time for you. You need various forms of support to get through. It’s time you learn about what these are just so you are prepared in case medical malpractice happens to you.
Seeking Medical Treatment
Of course, one of the things you need to take care of immediately is your health. It’s very important that you seek the treatment you need after you become the victim of medical malpractice. In some cases, you get new problems or your old problems become even worse under such circumstances.
The first step towards making a good recovery is, of course, contacting the person involved in the malpractice. In this case, it can be the attending doctor, surgeon, or any of the medical professionals who had a hand in the error. The goal here is to find if there are ways they can redo the mistake on their part.
In most cases, they’ll provide services – free of charge. If the doctors can’t seem to find a way to actually make you better, then it might be time to find a second opinion.
It would be wise to get treated in a new hospital or clinic. Getting treated in the same hospital might lead to legal complications as well. Moreover, you wouldn’t want to be handled by the same people that got you into the trouble you are in once again.
Even your legal advisor is going to tell you to seek treatment elsewhere. When doing this, make sure to take notes on how extensive the damage is to your body. It’s also important that you take note of the costs for the new treatment that you receive. All of these are going to be crucial for the case that your attorney will file.
The priority should still be your health as some of your pre-existing conditions might’ve gotten worse through the malpractice. As for the expenses, try not to worry about it too much as if you have a solid case, you can use the settlement or the compensation to pay for the new bills too.
Filing A Legal Case – The Next Best Step
Once you begin seeking medical treatment, now comes a crucial part – finding legal help which can help you financially and emotionally as well. This is the most important form of support out there as no medical expert should ever have to get away with medical malpractice that puts your life in danger.
Keep in mind that all civil claims are affected by what’s called the statutes of limitations. Simply put, this is the time limit through which your claim will be made valid. In most cases, the statutes of limitations require you to file a case within two years from the date of the incident.
Since there are a lot of cases of medical malpractice, states now require a certificate of merit before filing a case. As per legal professionals from Bertram Law Group, this certificate can be acquired from another medical physician. It’s an assessment that shows that there really was an adverse effect on how you were treated.
If there are probable causes shown in the certificate of merit, then you have a case already. However, you should still try to contact the doctor or the hospital itself. They could try to settle with you out of court. Make sure that you are happy with the settlement that you get from them before accepting.
It should be more than enough to cover the forthcoming medical bills to fix the problem, as well as added coverage for damages caused by the medical malpractice.
Once you have your certificate of merit, the next best step you’ll need to take towards filing a legal case is finding the perfect lawyer that specializes exactly in problems like these. You only need those with experience to have a shot at winning.
Of course, you’ll need to secure the right evidence for the case as well. The very first evidence that you can use in the case is the certificate of merit itself. This is the strongest ace up your sleeve. It can be a long battle but it will be worth it once you win your day in court.
Is it really worth filing a case?
The short answer is that yes, it is very worth it. You need to consider the fact that the compensation you’ll be getting from the case itself is going to be used to cover any medical expenses moving forward. Of course, this can also cover other damages such as lost wages that incur after the initial treatment.
In cases where patients receive problems that last indefinitely, then the hospital will be obligated to continuously provide support to the complainant.
A good case to use as an example is the case of Maisha Najeeb. She was a 10-year-old girl who became blind because of a fault during an operation that left her blind in one eye. After a trial in court, the Great Ormond Street Hospital is obligated to pay her thousands of dollars annually for the rest of her life.
Medical malpractice is a serious case that you need a lot of support to get through. People go to hospitals to get treated and not to receive further problems. Medical practitioners that can’t provide the care they are intended to should be held liable for any injuries or problems that leave the patient in poorer condition.