Doctors and medical practitioners are people you trust with your injuries and life. But sometimes, due to medical negligence, you may end up sustaining an injury. If you are a victim of medical negligence, it is a wise choice to contact an attorney who can represent your case.
The ordeal may be traumatic, and the compensation might not be enough to deal with the trauma, but it will help alleviate some of the stress related to finances needed to heal your injuries. The civil justice resource group states “0.8% to 1% percentage of patients become victims of malpractice.” However, here are a few things you should keep in mind before contacting your attorney in such a case.
Before anything, you need to have clarity of purpose. You must ensure that you are aware of why you are considering an action against a medical practitioner. Your determination is extremely crucial in what may be a tedious litigation process. Also, the reason why you decided to involve the courts will dictate the litigation process and even the final verdict.
Another essential point to bear in mind is that medical malpractice cases should only involve medical negligence that results in injury. Before meeting with an attorney, you must be sure that you have an injury. To successfully prove a negligence claim, the plaintiff must prove that the health care provider failed to follow the applicable standard of care and a wrongful act occurred. There should also be proof that this failure directly led to an identifiable injury.
If there is no injury, the case cannot be won. For example, if a doctor failed to order a CT scan for a ruptured appendix but another physician ordered one, and your appendix was removed in time, there can be no case. Although the doctor was negligent, since there was no injury, the patient will be dismissed.
Once you have determined that a tangible injury exists, you must be prepared to discuss the exact extent of your injury during the First consultation. It is recommended that you have a complete and comprehensive list of all injuries suffered as a result of the error. It would be best to discuss any mental anguish or suffering you may have gone through.
You can receive compensation for economic and non-economic damages. Monetary damages or special damages are paid for quantifiable economic costs that you may have incurred. These things include medical bills, physiotherapy, nursing care, loss of income, loss of retirement benefits, etc.
Non-economic damages include damages for pain and suffering caused by the negligent behavior of the medical practitioner. So you must be ready to discuss all the problems you faced and have proper documentation for any costs incurred due to the injury you sustained.
It is recommended that a loved one accompanies you at the time of your initial interview. Sometimes the injuries sustained due to medical negligence can be rather severe and life-changing. Often people tend to forget the events that led to the injury.
At times the patient has little or no relevant information to convey to their attorney. Due to these reasons, it is helpful to have a family member or friend who knows about the medical care or the events surrounding your injury. Such people are valuable sources of information, and they can provide greater insight into the case.
It is essential to have a good support system during such a traumatic experience. This includes any family, friends, and even the attorney you choose to help with your case. But the most important thing is your determination as you pursue any compensation for a medical negligence case.