Should I Suspect Medical Malpractice?

Experienced Lawyer

It’s really unknown how many medical errors occur every year. Some experts estimate that about 10% of all deaths are due to medical malpractice, about 250,000 annually. That doesn’t count the thousands of people who have non-fatal injuries. Should you automatically assume that medical malpractice is the reason your health isn’t going as expected? Here are some tips as to whether you should consider a claim against your healthcare provider.

Unexpected Outcomes  

Your doctor may have the most modern technology in the world, but there’s no guarantee that any treatment model will cure your malady. You may not get the best outcome or the outcome you hoped for, but it might not be medical malpractice. Instead, you have to look at whether the medical provider provided a medical standard of care that another competent and skilled professional would have.

Get A Second Opinion

If you believe that your doctor made an error in treatment, go to another doctor for a second opinion. Focus on your health first. Get the right treatment for your condition. If damage was done because of the misdiagnosis, you can pursue a claim later.

Get Your Medical Records

Before you ever file a malpractice claim, you should begin collecting your medical records. You want to get documents that show the symptoms you were experiencing, what tests were performed, what treatment was provided and any medications that were prescribed. Save any information your doctor gives you, not just billing information.

Document Your Journey

If you think your doctor isn’t providing adequate care, you’ll need to be certain of what was done. Track your symptoms, your appointments and the impact on your life. The more details you write down, the more information you have to show what you went through because of the doctor’s mistake. There’s no way to remember this over time. A journal where you’ve documented daily activities is evidence of your health.

Contact an Attorney

Medical malpractice isn’t a do-it-yourself legal matter. To show malpractice, you have to prove different elements of the case. You may have to show the relationship between the provider and healthcare facility. Typically, doctors aren’t employed by the hospital. Was the negligence due to a hospital mistake or because of the doctor?

Most medical malpractice lawsuits have to be brought within a certain time frame. If you miss this deadline, you may not have any recourse against the provider. Discuss your situation with a medical malpractice lawyer to assess your case and determine how you should proceed based on the laws in your state.