6 steps to take after being the victim of medical negligence
Think you are a victim of medical negligence? This article explores the six steps you need to take in order to care for yourself and get compensation. Keep reading below to find out more!
Being a victim of medical malpractice is a challenging experience. You may feel extreme pain, struggle with a new injury, adopt the victim mentality, and even struggle financially to “fix” what your doctor did wrong.
Believing that something has gone wrong with your medical treatment is understandably very worrying, leaving you with plenty of questions and feeling vulnerable. But, don’t worry! This article is here to guide you through the steps you need to take if you suspect, or know for sure, that you’ve been the victim of medical negligence.
In this article
This article can help you find a solution during a tough time
Consider talking to your doctor first
Unfortunately, even the most professional and competent medical expert can make mistakes. Medical errors are quite common, and they often aren’t the result of a doctor’s incompetence but rather their negligence which can occur due to burnout, stress, tiredness, and many others.
So, one way to see if your doctor did a mistake because they are incompetent or whether there was another reason for that is to look their background and history up. You may find out that your medical professional already has a lawsuit, which is a clear sign that the doctor keeps making mistakes. If that’s not the case, you should consider talking to your doctor first and see if their error is resolvable. The medical expert will most likely be willing to correct their mistake, free of charge.
Yet, if your injuries and losses are too serious, and the doctor might also refuse to take the blame for the issues, then it is time to seek another medical specialist.
Always talk to your doctor first
Seek a second opinion from another medical expert
When the doctor you put your trust in fails you, it is time to move on to another opinion from one or even more medical specialists. There are two good reasons for this:
- An experienced doctor will address your injuries correctly and care for your wellbeing.
- You’ll gain medical records attesting to the first doctor’s medical negligence and errors.
It’s essential to see another medical expert who can tell you if the first doctor truly made a mistake that led to your injuries and records the results. Medical records are crucial evidence in medical negligence compensation claims.
But, more importantly, if your injuries are severe, it’s really essential to get adequate treatment from a medical specialist you trust in order for your injuries to not get more severe or even life-threatening.
Immediately get a second opinion from another doctor
Respect your new treatment
It can be tempting to put your “revenge” on top of your priorities. You are frustrated, hurt, feel let down, and deal with many negative feelings towards your first doctor. We get it!
However, there is nothing more important than your health and wellbeing. So, make sure that you don’t neglect your new doctor’s recommendations and treatment in order to get your “revenge.” Make sure to take your time to heal, both physically and mentally. Strictly follow all recommendations given by your new doctor, whether that means physical therapy, seeing a therapist, taking treatment, or undergoing a new medical procedure.
Remember that your health and safety are your priorities. You can sue the first doctor later.
Put your health first
Seek the help of a personal injury lawyer
If you want to sue your first doctor and get compensation for their negligence, the next logical step is to reach out to a personal lawyer specializing in medical malpractice cases. Only an experienced attorney will be able to tell you the steps you need to follow to sue your doctor and help you determine how much compensation you can ask for.
So, start by doing your research on personal injury lawyers in your surroundings. When researching legal experts consider:
- Their fees
- Their experience
- The law firm they work with
- Their past results with medical negligence cases
- Their reviews from past clients
When you meet with a personal injury lawyer to discuss suing your doctor, pay attention to how well you get along with the legal expert and how comfortable you feel talking to them. It is essential to feel open to talking about your experience with medical negligence because all details are relevant when building your compensation claim. If you don’t feel well around your attorney, look for another one you resonate better with.
Talk to a lawyer who has experience in these types of cases
Tell your personal injury lawyer all the details
As mentioned above, the details you offer to your legal expert will be critical in your medical negligence case.
As the experts from MedicalNegligenceLaw explain, “Telling your attorney all details about your experience is key to building a successful compensation claim case. This will help your lawyer investigate your case and build a claim. So, make sure that you don’t omit anything in your story.”
Include the following details in your story:
- Details of the medical treatment which has caused your injuries and losses
- Where and when the events happened
- What your expectations are regarding the complaint
Based on all these details, your personal injury lawyer will be able to tell you where your case stands and what you should expect for the process to be next.
Even the smallest details are important
Be aware of your statements
From the very first moment you start suspecting that you may be the victim of medical negligence to the moment when your case gets in court, you need to be incredibly careful with the statements you make. Certain claims can come back and haunt you if you decide to sue your doctor or if you minimize their fault while in court.
So, make sure that you don’t say things like “It’s not that serious,” “it was my fault for not giving enough medical information,” or literally anything that can be seen as a way to minimize the doctor’s fault. Also, make sure to keep the information about your claim case confidential and don’t post them on social media or share them with individuals with questionable intentions.
