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Published by Allen Brown
It’s not just major medical procedures in which things can go wrong. People are often under the impression that the things that happen during surgery or things that go wrong during a procedure that required surgical intervention are the only situations where you are eligible for a medical malpractice claim.
The doctor-patient relationship is a lot more than that. There are a lot of things that patients seek medical assistance for and naturally, there are a lot of things that could go wrong in this process. Moreover, it’s not just your doctor who could be at fault, it could be the nurse, a medical technician, the hospital administration, or even a pharmaceutical company that was responsible for a bad medication. This broad spectrum of possibilities does complicate a medical malpractice case but it doesn’t mean it’s not possible for you to be compensated for your loss.
In terms of the patient who has suffered from the scenario, there are a few common problems that they face. If the condition isn’t corrected through treatment, the patient is either still suffering from pain or discomfort, they are mentally disturbed due to the problem, have incurred additional problems and expenses due to the malpractice, or have lost money because they are no longer employable or since they have not been able to return to their profession.
In many cases, patients suffer from a combination of these problems, and if you feel like you have been a victim of medical malpractice, here are a few things you can do.
1. Talk to the Doctor
No one wants to go to trial. It’s a difficult and expensive process, and if you are already suffering from medical difficulties, this will only add to the problems. It would be a lot easier if you could sort out the problem with the doctor outside of court, though if this doesn’t work, you can always go to trial. If you do choose to go to trial, there are a few things that you will need to be able to prove to be eligible to fight a case. You will need to prove to the judge and the jury that you had a professional relationship with the doctor, that the doctor was negligent, and that you suffered due to their malpractice or negligence. This will form the basis of your case.
2. Legal Assistance
If you are going to trial for the matter of medical malpractice then your best bet is to hire medical and clinical specialist solicitors /lawyers who can advocate your case. In fact, professional legal assistance might even be useful in an out-of-court settlement. Whilst proving medical malpractice can be difficult it is not impossible with the right support, so as soon as you have decided to file a claim you’ll want to start gathering evidence.
You may think that your case can be handled similarly to the usual court cases, however, proving that you suffered harm as a result of medical negligence is a very different matter, and there is a lot that goes into proving that a certain person or organization is to blame for this. Through a lawyer, you can get all the expertise you need to formulate a case that will win you the reimbursements that you deserve. Moreover, the lawyer will be familiar with the medical laws and regulations and can help you develop a case according to the legal framework.
3. Documentation
A big part of winning any case is the kind of evidence that you can provide. Regardless of how small or large your reimbursements are going to be, you need to prove to the judge and jury that you are a deserving candidate based on hard facts. The only way to eliminate judicial bias in the courtroom is through quality evidence, which is why it will be very helpful if you have good supporting documentation. Especially if there is a jury helping out in the decision, evidence and documentation will be invaluable. It would be ideal if you had documents such as medical reports and bills before the malpractice incident. If you have only started saving paperwork after the problem then make sure you have all relevant paperwork filed. This will also help your advocate out in understanding the situation and formulating a course of action.
You have to keep in mind that even with the right legal team and all the right documentation and supporting evidence, it can be a long road to justice. Especially when you are fighting for a complicated medical condition, it can take time for the court to reach a decision. Considering the fact that you are also fighting a medical problem, it can be a difficult situation for anyone to be in but you have to persevere if you want to win. Even though it is a complicated matter and one that will take time, if you can go through the process and do what you need to do, you will find compensation for your losses.