7 Things You Can Do To Defend Your Rights As A Victim Of Medical Malpractice

Whether you have been injured by medical malpractice or you have a loved one who has been, you have rights. While no amount of money can compensate for the harm done, compensation can help ease the financial burden and provide some measure of justice. This post will cover seven things you should do to help your case and hopefully get the justice you deserve.

What Is Medical Malpractice? 

Medical malpractice is a form of negligence or misconduct by a healthcare professional. It can be caused by the mistake of an individual practitioner or by systemic problems in the organization in which they work. It is generally divided into two types: 

  1. Error
  2. Omission

In order to be considered negligent, a health care provider must have breached the duty of care owed to the patient, resulting in injury or death. Medical malpractice cases are often complicated, and it is crucial for an attorney to understand the medical terminology involved in these cases. The attorney should also have knowledge about medical procedures and technology in order to make a judgment on how well the doctor carried out their duty. This lawyer in Miami working medical malpractice cases argues that both the hospital and doctor could be held liable, making hiring an experienced firm even more crucial. It is only with the help of a lawyer or a legal representative that one has the chance when pursuing their rights against medical institutions.


How You Can Defend Your Rights

There are several avenues available to you if you are in the unfortunate position of being a victim of a personal injury case. Nevertheless, your first step should be to contact an attorney specializing in this particular branch of personal injury law.


Seek An Experienced Personal Injury Attorney

Medical malpractice lawsuits fall into the category of personal injury. However, they can be challenging to navigate and understand, meaning that any lawyer you select should have extensive knowledge in this field. When searching for a medical malpractice lawyer, you should consider the following points:

  1. Work ethic: First and foremost, you want a lawyer who can work with you and has a vested interest in seeing you succeed. Therefore, they should possess a robust work ethic and a “can do” attitude.
  2. Experience: As mentioned earlier, medical malpractice lawsuits can range from relatively complex to enigma wrapped in a riddle! Therefore, any attorney you opt for should have several years working on these cases.
  3. Medical knowledge: Although you aren’t hiring a lawyer for their medical ability, they must have some basic medical knowledge. This will ultimately help you in your case as it progresses deeper into the weeds.
  4. Personable attitude: Your attorney will probably have to speak with witnesses, the doctors involved in your case, and a myriad of other professionals. It is more likely that they will receive helpful information for your case if they have a pleasant demeanor.
  5. The ability to parse complex data: There is likely to be a tremendous amount of data to parse, depending on the complexity of your case. Therefore, they must have a keen eye and a solid ability to comb through everything.


Discuss The Issue With Your Medical Provider

While your first port of call should be hiring an attorney to represent you, it can also help your case to speak with your healthcare provider and tell them that you plan on bringing a case against them. Nonetheless, you should only do this with your lawyer’s advice and avoid doing so unilaterally. However, if your lawyer is satisfied, you can communicate with them, letting them know what has happened. By doing so, they have the opportunity to respond and make a counteroffer before going to trial.


Gather All Relevant Medical Records And Documentation

A vital aspect of any case is evidence. Without the right amount of relevant evidence, your case could fall through before it has even begun. Therefore, you should strive to retain and document as much information pertinent to your case as possible. This include but is not limited to:

  • Create a journal of issues you face
  • Bills and receipts related to your injury
  • All correspondence with your doctor
  • Your medical records
  • Pertinent out-of-pocket expenses
  • Photographic evidence
  • Evidence of loss of income (pay stubs, letters from employers, etc.)



Seek A Second And Third Medical Opinion

A medical malpractice lawsuit requires a lot of information and research before it is filed. It is vital to get at least two opinions from physicians with expertise in the area of the injury before filing any type of claim. The information you uncover can either benefit your case or persuade you against going to trial, saving you money in the long run.


Learn About Medical Malpractice Laws

If you haven’t already realized so far, any medical lawsuit will have a very high level of complexity. Therefore, you should get a cursory understanding of what you are getting into. It is obviously best to leave the details to your attorney, but knowing what steps are involved and what you will need to present can provide peace of mind. Moreover, some states have a statute of limitations, a deadline by which you can bring a case against a person or entity.


Stay Calm And Be Patient Throughout The Process

The process will be long and arduous, so stay calm and patient throughout to avoid undue stress. It is essential that you give your attorney room to work and that you provide any information they need. Maintaining calm will ultimately help you expedite the process and receive what you are entitled to.


Take Time To Recover From The Ordeal

If you are a victim of medical malpractice, you likely have a medical issue that you hoped surgery or medicine would rectify. Therefore, you must allow yourself enough time to rest and recuperate throughout your case. Your fragile health could be further damaged if you push yourself too hard during the case.

If you believe you have been a victim of medical malpractice, it is important to understand your right to file a malpractice claim. Numerous steps are involved, ranging from getting second opinions to recording information relevant to your case. Nevertheless, if you hire an experienced attorney, they should guide you through all steps.