How to Handle Medical Malpractice Cases: 5 Tips to Face Medical Negligence

Medical malpractice is a very challenging and difficult issue that can have many consequences for the patient and their family as well. Whenever a close one is involved, it makes the situation even more difficult and hard to face.

The worst part is knowing that you were let down by medical experts in charge of your loved one’s treatment. We put faith in the healthcare professionals around us and we seek their medical expertise to ensure any health issue we have is met with proper diagnosis and effective treatment.

However, that’s not always the case. Unfortunately, the opposite of what we expect and hope for happens in certain situations. Those kinds of situations are often referred to as medical malpractice cases.

In the next lines, we’ll dive deep into the growing issue of medical negligence and hopefully help you face them head on should you ever find yourself in such a situation. We’ll also provide you with some useful tips on what to do and how to act quickly. Keep reading to learn more about this topic.

How do we define medical negligence

Before we provide a list of useful advice on dealing with medical malpractice, it’s important to first define it so you know how to recognize the early signs. First of all, it’s important to highlight that medical malpractice is a serious issue that can negatively affect a person’s life.

To put things into perspective, let’s take a look at the figures. Believe it or not, but 9.5% of all deaths in the USA are results of medical errors each year. It’s definitely not a number to be neglected.

Medical malpractice happens when a healthcare provider doesn’t abide by the accepted standard of care. Naturally, this results in harm to the patient. These medical errors can take place in the diagnosis stage, during treatment or aftercare.

However, an experienced personal injury lawyer from Indianapolis also states that unclean and unsanitary conditions also fall into the category of medical malpractice and the injured party should also see these as a red flag.

Many of these errors can result in additional injuries, prolonged suffering and in worst case scenarios, even in loss of life.

How to establish medical malpractice claims

Prior to establishing a medical malpractice claim, there are four points that need to be proven. It’s only afterward that you can actually start a legal procedure. The following must be taken into consideration:

• Duty: It’s important to show and prove that the medical provider was required to provide care to the patient by duty.
• Breach: The medical provider broke his duty and failed to provide the high standard of care.
• Cause: The same medical provider is who directly caused the patient’s injury.
• Damage: The patient suffered harm and physical and mental distress as a result of the injury caused by the healthcare expert.

Facing medical negligence

If you suspect that there’s a case of medical negligence going on, especially if the patient is not able to speak for themselves, it’s your obligation to bring this to the attention of parties responsible. It’s often difficult to act quickly and find the right mode of action.

The sooner you react, the more chances you have for your loved one to get the care they need quickly. In the next lines, we’ll provide you with some useful tips on how to do that.

Seek immediate attention

So, once you’ve already recognized some signs of medical malpractice and you have your suspicions, your number one priority should be to address ongoing medical issues. If you yourself are not a medical expert, it’s best to seek advice somewhere else. You should turn to another healthcare provider and get advice. They can help you assess the current situation and let you know the real status quo.

Make sure to turn to someone you trust as this step is crucial and sets the foundation for everything else. It will help document all the severity level of the injuries and set ground for further treatment.

Collect all the evidence

To put things into layman’s terms, unless you have a big pool of evidence, you claim will probably not be successful. Having proper medical documentation in place is a key factor in more than 20% of medical malpractice cases.

You need to gather all the medical records, including doctor’s notes, test results and anything else you believe is valuable. Also, make sure to keep the information safe and secure.

Consult with an expert

There’s only so much you can do alone. Somewhere along the way, you’ll need to get some legal help and consult with a personal injury attorney. A professional will help you understand your rights and assess how strong your case is. They will also provide advice on next steps and ensure you get the better end of the claim. Additionally, an attorney can also serve as guidance through this complex process and help you negotiate the settlements.

Understand the state's law

You might not be aware of the fact, but each state has its own statute of limitations that actually states the timeframe within which you need to file a claim. If the deadline has passed, it means you probably won’t have much success in your attempt to seek justice.

That means you need to be aware of the state’s law and set a clear timeframe for yourself. Don’t let a small thing such as a simple deadline ruin your chances of righting the wrong done to your close one.

Be prepared for all possible outcomes

There are two ways the medical malpractice claim could go. One is a settlement and the other one is a trial. Settlements are often much quicker but they do not always end up in the full compensation that you deserve.

On the other hand, trials can guarantee a larger compensation but they are also very uncertain and you can’t be certain that you’ll come out on top as a winner in the legal proceedings.

The final word

Facing a medical malpractice case is never easy, especially when a loved one is involved as you can never really act with a cool head. However, it’s important to keep calm and take immediate action. By collecting all the evidence within the specific timeframe, you have higher chances of winning your case.

Also, don’t forget to consult with experts and seek guidance as this is of the essence for a positive outcome.