7 Important Steps To Take As A Victim Of Medical Malpractice

Medical malpractice happens when professional medical personnel mishandle a patient or inappropriately perform medical procedures. This is an extremely serious offense, and the victim of medical malpractice may be entitled to compensation for their losses. Make sure you know your rights as a victim of medical malpractice!

What Is Medical Malpractice?

In order to ensure justice is served after being a victim of medical malpractice, it is important to first understand what medical malpractice1 is.

Medical malpractice is defined as an act or omission by a healthcare provider that causes harm or failure to meet the standard of care. This can be anything from misdiagnosing a disease to not providing the proper treatment. If you believe that you have been the victim of medical malpractice, follow these steps to ensure you get your needs and rights met.

Check The Statute Of Limitations

As a victim of medical malpractice, it is important to remember that the statute of limitations depends on the type of malpractice you were injured by. 

Medical malpractice can fall into one of three categories: professional negligence, dental negligence, and medical misadventure. 

Each of these categories has its own statute of limitations. 

  • When it comes to professional negligence, the statute of limitations is four years. 
  • For dental negligence, the statute of limitations is two years. 
  • For medical misadventure, the statute of limitations is one year. 

Contact Your Insurance Company

Your insurance company will investigate the matter and determine whether you were the victim of negligence on the part of the doctor or hospital. If so, they may be able to help you get compensation. Your insurance company will also want to know what steps you plan to take to prevent this type of situation from happening again.

If you do not have health insurance, you may be able to receive financial assistance from a government program, such as Medicare or Medicaid2. In some cases, these programs can cover all or part of your medical expenses. You should speak with a lawyer about your specific situation in order to find out what options are available to you.

Document All Communication Occurring With Your Doctor

It is important to document all communications that occur during your visit to the doctor. 

This will help you to build a case if you need to file a lawsuit. Keep all medical records, bills, and correspondence related to your treatment handy. As a victim of medical negligence, it is important to document all communication that occurs with your doctor. 

This includes any phone calls, email correspondence, and in-person meetings. This also includes any and all conversations, notes, and x-rays3. It is also important to keep all documentation of your visit in a safe place, such as a separate file or on a computer that is protected from cyber-attacks. This information can be vital in proving that you were negatively impacted by the doctor’s negligence.

Make sure to keep track of any physical symptoms that you experience after being treated by your doctor. In a Gardasil vaccine lawsuit, for example, it would be beneficial to track how your symptoms afterward if you believed that your doctor engaged in malpractice. If you experience long-term health problems as a result of your treatment, it may be worth filing a lawsuit.

It is also important to keep track of bills and other expenses that you incurred as a result of your injury. This will help prove that the doctor’s actions caused your financial problems. 

File A Complaint

If you have been the victim of medical malpractice, the next step you should take is to file a complaint with the authorities. This will help to ensure that your rights are protected and that justice is done.

Medical boards will typically initiate their own investigation of the issue. In any case, this is a good place to start. The investigation process can be lengthy and frustrating but ultimately it will result in a resolution of the case. 

In addition, this will help you ascertain exactly who you are dealing with when it comes to malpractice complaints. Because medical board investigators will often have to analyze 4medical charts and other medical materials that can be difficult for the layperson to access, getting involved will help to ensure that your interests are being protected. Filing a complaint can seem like an intimidating prospect but it should not be feared.

Fight For Compensation

As a victim of medical malpractice, another step is to fight for compensation. This will help you get the financial damages that you deserve. 

Some of those financial damages can include:  

  • Loss of income toil and financial support
  • Pain and suffering that resulted from the negligence
  • Disfigurement and scarring
  • Physical disability as a result of an injury caused by a careless surgeon 5or physician
  • Medical bills incurring due to the carelessness of the negligent physician, nurse, or hospital staff in general
  • Monetary damages, including pain and suffering and lost wages due to an injury caused by incompetent medical staff or botched surgery performed at a hospital 

Compensation often may include compensatory damages ordered by the courts into an order detailing what you are owed for your injuries because of medical malpractice. There may be set payments to pay over time as well as years without work for you if that

Consult An Attorney

If you have been the victim of medical malpractice, it is important that you consult an attorney. An attorney can help you get the compensation you deserve and protect your rights.

The first step in filing a claim is to consult an attorney. An attorney can help you understand your rights and options and may be able to help you find a settlement or achieve compensation for your injuries. They can also represent you during negotiations with the medical facility or insurance company.

If you have been the victim of medical malpractice, you should retain experienced legal counsel as soon as possible. With the help of a lawyer, you can investigate your case and pursue any available legal options. You may also be able to recover damages from the party responsible for your injuries.

While many attorneys 6offer free consultations, it is important to verify this information before making an appointment. Some attorneys will only agree to take your case if you pay them upfront. If you are unable to afford an attorney, don’t be discouraged. There are many resources available to help you proceed with your case without one.

If you or a loved one has been the victim of medical malpractice, it is important that you take the time to explore your legal options. By doing so, you can ensure that you receive the compensation that you are rightfully owed and hold those responsible for your injury accountable.  

  1. Medress, Zachary A., et al. “Medical malpractice in spine surgery: a review.” Neurosurgical Focus 49.5 (2020): E16. ↩︎
  2. Bellerose, Meghan, Lauren Collin, and Jamie R. Daw. “The ACA Medicaid Expansion And Perinatal Insurance, Health Care Use, And Health Outcomes: A Systematic Review: Systematic review examines the effects of expanding Medicaid on insurance coverage, health care use, and health outcomes during preconception, pregnancy, and postpartum.” Health Affairs 41.1 (2022): 60-68. ↩︎
  3. Panwar, Harsh, et al. “Application of deep learning for fast detection of COVID-19 in X-Rays using nCOVnet.” Chaos, Solitons & Fractals 138 (2020): 109944. ↩︎
  4. Cheng, Fei, et al. “A hybrid hesitant 2-tuple IVSF decision making approach to analyze PERT-based critical paths of new service development process for renewable energy investment projects.” IEEE Access 9 (2020): 3947-3969. ↩︎
  5. Office of the Surgeon General. “Protecting youth mental health: the US surgeon general’s advisory [Internet].” (2021). ↩︎
  6. Seidman Diamond, Shari, and Jessica M. Salerno. “Reasons for the disappearing jury trial: Perspectives from attorneys and judges.” La. L. Rev. 81 (2020): 119. ↩︎

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Icy Health Editorial Team

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