Undoubtedly, every person who goes through surgery fears that the surgeon may make some mistakes or things may go south. However, it is the absolute certainty of the professionals and your trust in the healthcare service provider that makes you think that it won’t happen. Medical malpractice may seem like an irrational fear until someone falls victim to it. Unfortunately, medical malpractice is more prevalent than people think it is. Those who fall victim to medical malpractice can take legal action for their situation.
However, there is nothing more precious than your health. Hence, if you become the victim of medical malpractice and your doctors commit some mistake, your priority should be to seek medical help from another doctor. Explain your condition to the doctor in detail. It will help them understand the situation and take adequate steps to help you recover. Once done with that, you can move towards the legal aspects of the case.
If you deem yourself a victim of medical malpractice, here are some steps you can take.
Hire a medical malpractice attorney
Medical malpractice cases are complicated and challenging. You will need a thorough knowledge of the law and medical procedures to make a tangible case. A viable approach would be to hire lawyers. And this is not limited to malpractices within healthcare organizations; you can also approach lawyers if your employer compromised your health. For instance, a growing number of construction workers are exposed to asbestos on work sites. This exposure leads to deadly cancer known as mesothelioma. The best course of action is seeking help from a medical malpractice attorney from a respected law firm to represent your case in court. Your attorney can spend all the time and energy while you recover from the incident. Once you hire your attorney, seek guidance about what evidence you should collect for your case. Describe your experience in great detail and share every aspect with your attorney. It can be daunting trying to find an attorney, if you’re in Texas and find yourself in this unfortunate tragedy you can find a medical malpractice lawyer in Houston TX here.
Obtain a copy of your medical records
Medical records are a written copy of all of your medical history. It consists of the symptoms you face, test results, doctor’s diagnosis, procedures, and medications you receive. You will need the complete document with every bit of information to make a substantial medical malpractice case. These documents are evidence of your doctor’s malpractice or negligence. For example, if your doctor didn’t read the test lab reports properly, they may have misdiagnosed you. In that case, the test lab results and the details of the diagnosis will be present in the medical records, and you can make a case accordingly.
It is best to obtain these medical records before filing a claim for medical malpractice. It can save you from any illegal alterations the opposing party may make to jeopardize your case.
Document your experience
From the day you become aware of the malpractice, you must start jotting down every detail of the experience. Try to focus on the mental and physical trauma resulting from your incident and how it impacted your life. For example, if your injury compelled you to take leave from work for an extended time, affected your working capabilities, or rendered you jobless for whatever reasons, note it down. If the injury impacted your personal life and relationships, add that in your journal as well.
Write down summaries of your appointment with the doctor, the details of the diagnosis and treatment, and any other information you find. If you consulted a third party, enter that experience and your recovery process in the journal. These entries can help your medical malpractice case and help you seek compensation for your suffering and pain.
Do not correspond with the opposing party
You must start gathering evidence before you file a claim because the opposing party will take steps to hinder the investigation. Do not rely upon them to have your best interest at heart because organizations, in the end, are willing to do anything to maintain their reputation. Once you file the claim, you must keep all the details between yourself and the attorney. As these cases take months and years to resolve, disclosing the case details with the opposing party can put you at a disadvantage. The plaintiffs of the opposing party can twist your statements to use against you in the court of law.
Also, avoid contacting the healthcare facility and the healthcare service provider who caused the problem. Do not contact them to complain or let them know that you intend to file a case against them. Of course, the defendant’s side will contact you once you file the claim, but you must refuse to make any deal or answer any questions with them. At most, ask them to contact your attorney, who can handle these issues better.
Becoming the victim of medical malpractice is a devastating experience. Filing a claim, in this case, is not selfishness, as you are seeking compensation for the suffering and pain you had to go through because of the doctor’s negligence. However, to win the case, you must follow these steps to get the justice you deserve.