What You Should Do if you are Involved in a Medical Malpractice
With the increase in trend to make as much money as possible at the expense of helpless patients, the medical fraternity–in coordination with the pharma industry–seems to be involved in malpractice that not only poses as a threat to their patients’ lives but also questions the ethics and expertise of many professionally certified doctors.
Through this article, we would like to explain in brief the steps that an individual, who has suffered loss or injury due to medical negligence, need to take to seek legal action and justice through the same.
We sincerely suggest the readers take the time and effort to contact the medical professional in case of loss of money or minor injuries, as the legal case would put someone else’s life into great danger.
Here we list and explain the steps the victim has to follow in an ongoing case due to medical negligence commonly called medical malpractice:
1. Get in touch with medical professionals.
The goal of the claim is to settle the loss to the body or the financial loss. In case of minor issues, many doctors and the management of the hospital will be ready to take up the corrective action for free of cost.
If the injury or the loss can be corrected without the need for a legal claim, you will be doing a great favor to yourself and the doctors. Not only will you save a lot of time and money, but there will also be a peace of mind for all the parties involved.
2. Approach the Medical Licensing Board.
Most initial negotiations with the doctors and the hospital often fail. Your best course of action then is to reach out to the Office of Medical Licenses in the corresponding vicinity. However, the licensing boards cannot ensure a cheque written on your name to compensate for the losses incurred but can issue warnings and official letters to both doctors and hospitals, which might result in the recovery of the loss without a legal claim.
3. Be aware of time limits to file a claim.
All the legal claims come with a deadline. There will be a time limit for a medical negligence case to be filed at the right office. Such a time frame varies with the type of medical malpractice. Therefore, it becomes essential to understand the limitations of time before finding the solution by compromise.
4. A medical assessment is a must before the case is filed.
The case filed by the victim should have the most significant merit. This means that you need to ensure that the same has gone through a medical assessment. Assessment files are to be submitted as pieces of evidence during the investigation reports, and even in the court if needed.
The process to get such a medical assessment is very simple. Contact another physician of the specialty similar to the ailment faced. Get a thorough check to realize the atrocities of the injury caused due to negligence. Contact a hospital errors attorney to generate a certificate of merit provided by the physician.
5. Try for a settlement without legal aid – out-of-court settlements.
We repeat and emphasize again for out-of-court settlements with a reputed and knowledgeable attorney’s aid. The trials at courts are not only costly and time-consuming but also very tiring and are sure to take one’s peace of mind.
However, if the damage is more serious and the medical professional is not ready to accept and cover the claims of the damage, please go ahead to take further legal actions. Such an act of yours will not only benefit you but also ensures the society runs on ethics and integrity.
6. Get help from an attorney for medical malpractice.
Consult an attorney who thoroughly understands–and is capable enough to understand–the nuances of medical negligence. Trust someone who understands the value of the victim coming out with enough money to sustain the injuries for a longer period of time.
The purpose of claiming is not to degrade the medical professional, but to ask for a rightful self-help aid, which was because of the negligence of the doctor or similar professionals in the hospital vicinity.