When patients seek treatment from healthcare providers, they place faith and trust in the capabilities of these professionals. But not all patients are lucky during the treatment because human errors occur. Thousands of cases of medical malpractice and negligence are reported every year in the US. Thankfully, victims can seek respite with the personal injury law because medical malpractice is a legally punishable offense. You can claim compensation for your suffering if you suffer harm due to mistaken diagnosis or poor medical treatment.
Any medical provider may be liable for malpractice or negligence, whether a doctor, nurse, technician, or healthcare worker. You only need to prove that the provider was negligent or did not provide proper care, leading to an injury. Besides poor medical care, you can bring a claim for instances such as misdiagnosis, lack of consent, and breach of doctor-patient confidentiality. Here are some tips to deal with the aftermath of medical malpractice.
Contact the healthcare professional involved
This one is a no-brainer as you must contact the doctor or medical professional responsible for the injury in the first place. The purpose is to find the reason and implications of the error. You may also seek remedial options from the practitioner before filing charges against them. Most professionals are willing to make up for their mistakes. They may even perform free services to correct the problem and settle the issue without legal proceedings. It makes sense for the patient to take this option where a solution is possible.
Get in touch with the relevant licensing board
The medical professional responsible for the negligence and injury may not accept their fault. At times, the damage may be irreversible because there is no way to address the injury and get you back in good health. In these situations, you must get in touch with the relevant licensing board. The board may not have the power to get the professional to compensate you. But they can take disciplinary action against the professional. Also, you can seek guidance from the officials about the next steps and speak with the right lawyer that you can trust.
Understand the deadline for filing a claim
When filing a medical malpractice claim, deadlines are crucial. You must know that all civil claims have time limits. The statutes of limitations refer to the time limits within which you can legitimately bring the claim. For medical malpractice cases, you have to consider the date when the injury occurred as the starting date. Failing to file within the time limit means you may lose the right to recover compensation for your injuries. You can connect a seasoned medical malpractice attorney to seek guidance on the statutes of limitation in your state. Do not take a chance with the timelines because you may end up with nothing if you miss out on the deadline.
Get a medical assessment
Most states require patients filing a medical malpractice claim to show a certificate of merit that validates the injuries caused by the negligence of a healthcare provider. You cannot claim compensation without the certificate. You have to get it from an expert physician with good standing. The process involves a review of your medical records by an expert. You have a valid claim if they certify that the medical professional deviated from accepted practices and standards that caused your injuries. Once you get the certificate of merit, your attorney will file it and start with the claim proceedings.
Consider the option of settlement
An out-of-court settlement is always a wiser option in medical malpractice cases because they are costly and time-consuming. Insurance companies often reject these cases on different grounds. Experts recommend settling the case out-of-court if you get a good offer. But make sure you do not settle for a lowball one if you have a strong case and believe you deserve a bigger compensation value. Whether you or a loved one suffer from medical malpractice, you deserve compensation to get your life back on track. Moreover, the negligent professional must pay for risking the life of a patient who trusts them.
An error by a healthcare professional can have serious consequences for a patient. It may leave them with a lasting disability or even result in death. Not surprisingly, medical malpractice cases have high-value compensation because the patient’s life, health, and trust are at stake. As a victim, you must not give up on your rights and fight back for the compensation and justice you deserve. After all, providers owe a duty of care towards you, and they must fulfill it.
