If you or a loved one has experienced medical malpractice, it’s no secret that the situation is stressful. To ensure your rights are fully protected and receive compensation for damages done by negligence, there are specific steps every victim should take when pursuing their case through personal injury law.
While medical malpractices can occur at any time, you must know how to handle them. Bear in mind, not everything that goes on within a hospital is considered malpractice. For example, you catching a cold due to the hospital’s air conditioner is not malpractice. Cases in which your lifestyle is severely compromised, including the death of a loved one, are all malpractice. Therefore, you need to ensure that what you went through is a case of malpractice.
Don’t try to handle your medical malpractice case by yourself. Not only will you mess up, but you also don’t have the experience to take on the defense. Your best line of defense is a lucrative medical malpractice lawyer. However, that shouldn’t stop you from verifying what you need to know about medical malpractice. When filing suit in civil court against any healthcare provider who was responsible for causing harm while treating an individual, be sure to follow these guidelines to help you through:
- The Elements of a Medical Lawsuit
When you go to court claiming malpractice, the court breaks down your case under the following:
Duty. You need to prove that there is a patient-doctor relationship. That ensures that the doctor owes a responsibility to the patient to care for them. In rare cases such as mesothelioma, you can hold the company accountable for exposing you to asbestos. The best way to prove duty is to have medical bills to show who your doctor was. For mesothelioma, have paperwork from the company that worked on your house.
Breach. It would help if you showed that the defendant breached their duty. For example, in an asbestos lawsuit, you need to prove the company’s negligence, such as using asbestos. In medicine, you need to show that the doctor didn’t provide you the care you need. For example, you went to get treated for a wound, and the doctor did a poor job stitching you up. You need to prove that the level of care was less than sufficient. A doctor messed up your case and went about it recklessly.
Causation. You need to prove that what the defendant did cause you harm. Since you were already getting treatment, the injury needs to come from the doctor. That means if you went to get treated and got an infection because your doctor didn’t give you antibiotics. Delayed diagnosis also comes under causation.
Damages. It would help if you showed the injuries that the neglect had on you. It will be hard to prove a malpractice claim when you have no wounds. However, damages also extend towards mental anguish. If you’re disturbed by the events, that also comes under malpractice. If you go through substantial financial loss, that is also another case of malpractice.
- What Will You Need To Make Your Claim?
After you filed a claim, there are numerous factors you need to know. These factors will help you make a strong case against the doctor. These are as follows:
- State’s Statute Of Limitations
All states have their laws when it comes to medical lawsuits. A statute of limitation implies after a specific period is crossed, you can’t file anymore. For example, a state has a limit of 3 years from the time of the injury. However, there are also exceptions to the law. Some medical negligence doesn’t harm you right away. It may take you time to learn about your injuries. Another exception to the law is if you knew that you got injured as a minor. So, the best way to learn about these laws is either through a lawyer. Don’t headfirst dive into a lawsuit unless you know what your limitations are.
- Get Yourself A Lawyer
Don’t attempt to file your case by yourself. It would be best if you had a reasonable attorney in your corner. Medical lawsuits are challenging to win. You need to have the proper paperwork and expert witnesses willing to come to your case. It would help if you also had a lawyer to settle with the doctor’s insurance company. Your case will need a medical representative on board. Lawyers have a vast array of connections to make that happen for you. However, bear in mind medical malpractice cases are expensive. So, you may want to study what your budget allows to let you file for a claim.
- Certificate Of Merit
Before your case can begin, some courts order you to submit an offer of proof. The proof or certificate of merit is a way to verify your claim is legit. Depending on what the state asks you, they may submit your certificate to a physician for review. The idea is to not discourage you from going for a lawsuit but to weed out fraudulent cases. Some states may even ask you to notify the healthcare provider you plan on suing. If you have a genuine case, you have nothing to fear. However, make sure that your statements are clear, follow a proper timeline, and carry proof that it is malpractice.
- What Are The Common Types Of Malpractice Claims?
There are few types of medical errors that come under medical malpractice claims. If your case falls under any of these, it is a malpractice case. Some of the common malpractice cases include:
- Failure to Diagnose. Physicians have a small window to diagnose patients. If they intentionally delay a case, don’t correct their mistakes, or ignore a patient, they commit malpractice. Diagnoses need to happen right away. Doctors need to fill out a medical chart on time. In some cases, such as those in the ER, a delay could cost a patient their life.
- Surgical Errors. Surgeons who mess up a procedure or operate on the wrong body part are committing malpractice. Even leaving medical tools inside a patient is malpractice. Surgeons also need to know how to proceed with the surgery. The procedure needs to be as clean as possible. Excessive bleeding, scarring, and even insufficient anesthesia are malpractices.
- Prescription Errors. Doctors who prescribe the wrong medicine and even the wrong dosage come under prescription error. Doctors ignore a patient’s allergies along with the medicine they are already consuming. Consuming too many medications can cause a patient to overdose. Even if the patient doesn’t overdose, there is a counter effect of drugs on each other.
- Failure to Treat. If doctors fail to treat patients properly, such as ignoring their condition. Doctors who send patients home early or don’t provide a follow-up are committing malpractice. Doctors who ignore a patient’s medical history along with the patient’s complaints are committing malpractice.
- Failure to Warn. Doctors need to tell a patient what to expect. They need to tell those possible complications and what the expected timeline looks like. Withholding information forms the basis of malpractice. A patient cannot provide consent if they don’t know what to expect.
Wrap Up
If you’re going for a medical malpractice case, you need some preparation. A checklist is essential since a lawsuit is both extensive and expensive. Before you begin your filing, make sure you know what comes under malpractice. When you’re sure your case is a medical malpractice one, proceed.
It would help if you got yourself a lawyer who can handle your paperwork. A lawyer will also ensure you’re meeting all the deadlines as well as have expert eyewitnesses. Part of your lawsuit is also submitting a certificate of merit to ensure your case is genuine. When you meet all these prerequisites, you’re ready to fight your case.
