Diagnosing Medical Malpractice

by Jay Anderson

One would like to think that medical malpractice is something that only happens to someone else or on TV, but it can happen to you or someone you love. While we would all like to think that medical professionals would not make serious or catastrophic mistakes, they are human and it can happen.

Medical malpractice by definition means the negligence, incorrect treatment or the lack of treatment or action of a medical professional in the care and treatment of a patient, where the correct treatment or procedure should have been known, and the end result is detrimental to the patient’s health or well-being. While sometimes injury to a patient is unavoidable and we don’t like to see that, sometimes that is actually a necessary part of the treatment and is not considered malpractice. There are also time constraints on filing a malpractice lawsuit, but if you think you may have a valid case, this article presents some tips about how to get started and what you will need.

One of the first things that you want to do is your homework. You can do some investigating on your own by going to the National Institute of Health website as well as the American Medical Association website. These sites can give you all the information that you need to learn about medical standards. This way you will know what is common practice for your type of medical condition and treatment.

You can also check out which lawyers in your area have a good reputation for malpractice cases as well as check into their success rate. You can see which ones handle cases such as yours and check out their information on the state bar association website.

You need to get together as much information as you can about your case. Get all of your medical evaluations and records as well as all of your bills that are directly related to the incident. Some other costs that you may consider is lost wages as well as insurance premiums and be sure to make copies of everything before you give it all to your attorney.

Start a notebook or diary that will list the dates and times of all events and incidents that may pertain to this situation. Again, include as much information as you can, since if this case goes on for a long time, your memory of the details of what took place may fade if you have not documented it. Especially note the results of the initial consultation and visits with your doctor as well as any referrals to other doctors.

You want to be sure to go with a lawyer that has experience in medical malpractice cases. Most lawyers offer free consultations so you may want to check with a few to see who meets your needs and who you feel most comfortable with. The lawyer will help you to determine if there is a case or not. Most lawyers will not take on a case that will not bring them any money in the long run, so they will be up front with you about your chances for success.

Medical malpractice can be very complex, and much of the burden of proof lies on your shoulders. Work with your attorney to make an educated decision about moving forward. But if you or a loved one has been mistreated by a medical professional, you should be entitled to compensation.

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