As an individual, it’s your right to trust your doctor and another medical professional to take care of you, especially if you’re feeling unwell. Unfortunately, there may be instances wherein they can commit a medical mistake and cause more harm to you than good. This circumstance is commonly known as the medical negligence.
By definition, medical negligence refers to a legal cause of action that takes place when the doctor or any other healthcare professional has breached the standard duty of care to a patient, and, and as a result, harms them. When this happens, you may have the option to file a medical negligence claim against the at-fault party. However, dealing with this kind of case can be a daunting process.
So, if you’ve been a victim of medical negligence, keep reading this article to learn a few ways to handle it from the get-go.
- Understand What Medical Negligence Is
One of the best ways of dealing with medical negligence is to know and understand what it is all about. You can do this by getting familiar with the essential elements you need to prove to establish your case and obtain the monetary compensation you deserve. These can include:
- A Duty Of Care: To support your medical negligence claim, it’s important to prove that the doctor or medical practitioner in question owed a duty of care to you as a patient. This usually means that the medical professional should exercise a reasonable standard of care in the diagnosis and treatment of their patients.
- Breach Of A Duty Of Care: To prove the negligence of the doctor or any other medical practitioner who attended to you, you may have to establish that they violated their duty of care in providing competent medical advice and treatment. As a proof, you may seek the opinions of several reputable medical professionals in the field to determine if a breach was committed by the medical personnel in question.
- Causation: You may have to show that the medical negligence of the healthcare professional in question caused harm or injury to you. This means that if the negligent medical diagnosis or treatment wasn’t carried out, the injury wouldn’t have happened.
- Damages: You may have to prove that the injuries resulted in several damages, which may include hospital and medical bills, lost wages and earning capacity, emotional distress, pain and suffering, and many more.
As you can see, proving medical negligence can be a daunting process. Unless you’re a legal specialist, you may need the help of an experienced lawyer from reputable law firms, like the Jacob Fuchsberg Law Firm. They specialize in handling medical negligence cases, which is why they may help you recover the compensation for your injuries. For example, they may raise the doctrine of res ipsa loquitur, which means ‘the thing speaks for itself’ in justifying the doctor’s negligence, depending on the circumstances. As such, you may be able to manage medical negligence properly.
- Gather Pieces Of Evidence
Typically, dealing with medical negligence can be a challenging process. Establishing the elements of this legal course of action may be impossible if you have no valuable pieces of evidence that’ll support your claim.
Because of this, it may be a good idea to collect evidence so you may easily prove that your injuries were due to the negligent acts of your doctor or another medical professional. To get proper documentation that may serve as evidence, you may request a copy of your medical records from your healthcare provider. These records may be a good source of evidence that may justify your negligence case.
Apart from your medical records, you may also consider taking photographs of your injuries. Lastly, if you need to demonstrate what reasonable standard of care is and how it can be breached, you may have to ask a number of medical practitioners in the same field to provide their opinions on the matter. By doing this, you may be able to handle your situation with ease and without mishaps.
- Don’t Talk To The Doctor In Question
When you’re injured by a health professional’s negligent ac, you may certainly want to ask questions about what happened and why. However, reaching out to your doctor after suspecting them of medical negligence may not be an excellent idea. It may only create an opportunity for them to do something to refute your claim against them, such as changing the information on your medical records.
Hence, don’t try to talk to the doctor in question so you can deal with your medical negligence case more efficiently.
- Consult A Lawyer
Generally, medical negligence as part of personal injury law can be very complicated. That’s why it’s essential to consult a reliable lawyer to help you navigate your case. Aside from filing a personal injury claim and proving the elements of medical negligence, they can also assist in providing legal options, as well as gathering pieces of evidence. Also, they have various connections with professionals who they can tap to support your claim and fight for the compensation your injuries deserve.
You just like the others, don’t want to become a victim of medical negligence. With the consequences associated with being an injured victim, you need to do your best to get compensated for the harm done. Therefore, by keeping these ways in mind, you may be able to manage your case and achieve the best possible outcome you and your injuries are entitled for.