The medical industry is one of the most competitive professional fields in the United States. Doctors need to follow a very strict educational journey to be able to achieve the qualification of a PhD (physical doctor). Keep in mind the financial investment a person makes to become a doctor. The economic conditions in the United States today do not guarantee that a qualified PhD will get a job that satisfies their financial expectations.
Add to that the psychological pressure and the expectations of a patient from their doctor. For example, the stress a doctor faces in the middle of a life-threatening surgery. The chances a doctor can make a mistake are very high.
A patient can lose their life just because of a doctor’s mistake. Patients can also get physically handicapped for the rest of their life because of a doctor’s error. Medical malpractice is the term used when a doctor makes a mistake that harms a patient. The following is a list of ways a doctor might alter a patient’s health negatively by mistake:
- Making the wrong diagnosis
- Misinterpreting or neglecting test results
- Misinterpreting or neglecting medical history
- Unnecessarily performing a surgery
- Not performing surgery when it is required
- Letting the patient go home too early
- Not providing the proper post-treatment
This is by no means a comprehensive list. Because there a million different ways a doctor can make a mistake that causes physical damage to a person.
What are the First Steps of Pursuing My Case?
You might consider pursuing your case without a spinal cord injury attorney if you have serious medical symptoms. The reason being that you have the necessary evidence. The proof is that my health has been seriously affected. As tempting as this may sound. It will not be so easy to prove this in a court of law by yourself.
All medical professionals have a clause with their insurance provider which defends them from their patients. So you need to file a claim with your doctor’s insurance company first. It can be especially complicated and demanding to deal with insurance adjusters without the proper background. An experienced attorney can help you with proper guidance.
Why Do I Need an Attorney?
Your claim must meet the mandatory requirements for you to successfully receive damages from your doctor’s insurance provider. You will not stand a chance with your doctor’s insurance provider if your case does not contain these basic elements.
- The medical professional should have differed from the standard medical operating procedures or practices.
- The patient’s injury must be a direct result of the medical professional’s neglect.
- The injury should be measurable in degrees of significance. There should be a significant difference before and after the procedure.
Any proof you have must be able to establish these basic claims. If it does not, you will not even be able to prove the doctor’s liability. An attorney can help you protect your rights and represent you at the same time. You must document your physical health throughout the entire process.
Other Important Factors to Take Into Consideration
You need to be ready to defend your case in court if you want to receive compensation for the medical damages. You will need an in-depth knowledge of the law. You need to take into consideration any one of the following factors, which may or may not apply in your case.
Not all medical errors are proof of negligence or malpractice. Each doctor follows a prescribed method of treatment for a certain illness. There are other alternatives if a specific method of treatment doesn’t work. The doctor has no way of knowing beforehand if this method of treatment might cause you physical harm. The doctor is not to blame if you do get hurt.
You will need expert testimony to substantially establish the fact that medical standards were neglected. It is an expensive and lengthy process to find the right medical professionals to participate in your case. The right expert will be related to the same field of expertise as your doctor.
The expert will explain what the appropriate method of treatment is. The expert will also pinpoint exactly when, where, and how your doctor went wrong.
Compiling Medical Proof
Not everyone can make sense of all of the medical reports from hospitals. Having all the medical reports to support your claim will be crucial. You need to have complete access to all of the reports that are crucial for your case.
Building a Cause-And-Effect Connection
This can be one of the toughest parts of building a case. You must be able to establish that your injuries were caused directly by the mistake of your doctor. You might need legal intervention to prove your point.
Gathering Witnesses from the Same Hospital
The success of your case will come down to the witnesses you can get from your doctor’s medical institute. Nurses, lab technicians, and x-ray technicians from your doctor’s hospital may not be willing to cooperate with you. They are all more interested in holding down their job. All the witnesses will be more likely to speak confidentially with a third-party.
Putting it All Together in Time
According to the statute of limitation, a patient cannot claim malpractice after a certain period has passed. The statute of limitations varies for each state. Once the period is over you cannot file a claim.
The court will not consider your case and you will not be eligible to receive any kind of compensation after the period ends. So if you have any chance of receiving any compensation, you need to act fast.
Medical malpractice can be difficult to prove if you are trying to do it by yourself for the first time. Luckily some legal professionals do this every day as a part of their job. You can contact them to help you if you think you have a valid case. They also have a full understanding of the legal system.