Medical malpractice is generally used to describe situations involving provider negligence, or when your practitioner provided poor treatment or made a misdiagnosis. These scenarios have often resulted in injury, trauma, or even death- which is why many seek financial compensation through the courts. Before you go and talk with a medical malpractice attorney about your case, there is some groundwork that you should do to establish whether or not you have a viable case.
Some steps for those who feel victimized include the following:
Discuss your concerns with the treating physician or provider.
Before you start throwing around the word "malpractice", have a talk with the doctor or provider involved. Discuss what occurred and whether it can be resolved. Most physicians will offer to treat or correct issues- particularly if they are responsible for the outcome.
Contact the regional medical licensing board or association.
Every physician, provider, and practitioner has to follow standards and guidelines asserted by their medical licensing board. If you find that the doctor involved doesn't want to work with you or resolve your issue, file a grievance or complaint with the licensing board. These bodies can issue warnings to the practitioner, which can stay on their record and potentially impact their ability to obtain medical licensure in the future.
Get a second opinion.
If you are still contemplating moving forward with your malpractice claim, get a second opinion from another doctor or provider. This professional can determine if the original provider deviated from standards of care that could have resulted in your injuries. You may also need to obtain a statement from this second physician asserting that your claim has merit in order to move forward in the legal system.
Consider any out-of-court offers carefully.
Before you decline any out-of-court settlement offers made by those at fault, remember that medical malpractice suits often take a long time to resolve, frequently years, and that these professionals will have legal teams that are hired to get these types of cases thrown out. Consider the long-term treatment and needs that your injury or condition will involve, and evaluate the offer based on whether it will cover these costs and your damages, as well.
Talk to and retain a medical malpractice attorney.
It is likely that once you retain an attorney, the provider's legal team will begin negotiating and may even make a settlement offer. You do not want to attempt to move forward in the legal system without an attorney to represent you. Your lawyer will also be able to give you an honest assessment of whether your case demonstrates merit and what the likelihood of winning the case will be.
Remember that medical malpractice cases are subject to statute of limitations, so make sure that you don't delay in proceeding when you feel that you have a case. While many of these incidents cause damage that can't be undone, financial compensation may be a viable resolution that can help you receive treatment and care for your injuries, and help you to move on with your life. Click for more info.Share