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Things You Need to Know About Medical Malpractice

medical malpractice

Doctors are people (besides our beloved ones) we trust the most and when they break that trust, it becomes quite difficult to comprehend the situation and figure out what to do next. Most people start to experience various emotions.

They usually involve stress, anger, pain, disappointment, and many other feelings. And then you simply want to seek justice for the wrongs that were done to you. All of this is completely understandable.

We all think that medical professionals are supposed to provide their patients with the proper care, so when that doesn't occur, you begin to ask yourself whether your doctor made a mistake, or that's something that normally happens. To help you out with some useful info, we've gathered some facts that will make things a bit clearer.

Facts About Medical Negligence And How To Prove It?

What Does It Represent?

So, as we stated in the beginning, it happens when your doctor or any other medical professional fails to provide his or her patients with suitable care, causing either harm or injury.

Furthermore, this may lead to another, brand-new disease or injury or make the entire situation much worse. Typical examples of medical malpractice usually involve injuries during birth, laser eye surgery complications, numerous surgical errors and so much more.

Can You Prove It?

The answer is yes, however, it's of huge relevance to comprehend how you can achieve it. Your case must have some evidence, hence, you have to prove what occurred (that a medical professional made a mistake) that led to new injuries or illnesses. These are the required documents:

  1. Medical records, along with ultrasounds and X-rays

  2. Pictures

  3. A detailed statement from the claimant 

  4. A statement from a witness (it can be your friend or family member)

  5. Financial proof

  6. Reports from a medical professional that can be employed as evidence

What Else Can You Do?

Hire An Attorney

In these types of situations, one of the best things you can do is to hire a solicitor. An experienced medical malpractice attorney will know exactly what to do. Namely, he/she is going to be able to evaluate the merits of the case and will tell you what to do next.

Moreover, a high-quality advocate will probably review your case by demanding several copies of pertinent files, for example, medical records, doctor's notes, prescriptions, and many others. Your lawyer is going to conduct a thorough interview with you, as well as any other person that is familiar with your situation.

Furthermore, he or she will try to reveal the potential cause of this medical negligence. Now, keep in mind that an experienced attorney is not going to proceed with the case unless he/she believes that all the paperwork you've gathered is good enough and demonstrates medical malpractice.

What To Expect At A Malpractice Trial?

If you decide to proceed with a medical negligence claim, at some point it will go to trial. During it, you must showcase the burden of proof to convince both the jury and judge that the medical professional has hurt you in some way.

Now, if a doctor states that you did something wrong, for instance, you didn't follow instructions properly, or simply didn't take medications he or she prescribed, then this individual has the burden of proving that.

Usually, the trial can last anywhere from a couple of days, up to a few weeks, depending on the severity of the situation, as well as the number of witnesses and the damage that has been made.

Generally speaking, the entire case can sometimes take a few months or at times, even years to complete. After the trial is over, both parties can appeal the court's decisions. On the other hand, if the patient was satisfied with the decision, the defendant can either agree to settle the case or pay a certain amount of money.

How To Prevent Medical Malpractice?

Is there anything you can do? Of course, there is. Namely, you should always be proactive when it comes to medical care. Do research whenever you're experiencing a certain health issue and ensure to document your symptoms.

If you're having any doubts, you should always write down a list of questions that are relevant to you and demand full answers from your doctor. Do not ever be scared by the medical system. If you have a feeling that something wrong is happening, speak up! Listen to your body because it always knows whether something serious is going on.

Messing with our health is never smart and although doctors are supposed to be our biggest support, they are prone to making mistakes just like everyone else. Still, it shouldn't prevent you from seeking justice. With the help of this info, you'll know exactly what to do!