There was a study that was conducted by John Hopkins in 2016. In the study, it was found out that medical errors were the third leading cause of death in the United States. This should be a concern given the fact that we entrust doctors with our lives. The reasons for this are complicated and it will take a lot of explanations to drive the point home. You might have been a victim of medical malpractice and you want to seek justice. The first thing to do would be to look for a New York City Personal Injury Law Firm. You don’t want to be representing yourself in such a complex case.
Document EverythingIf you suspect that your doctor might have been incompetent, you will need to document everything. Ideally, you should be have diary where you can note down everything you remember about your condition, the diagnosis and the recommended treatment by the physician. You should also gather the appropriate medical records. Make sure you’re doing so before serving the doctor. You don’t the person to be suspicious that there is something going on. The medical records could be changed if the doctor is suspecting that you’re up to something.
Talk to an Experienced Medical Malpractice Attorney
Medical malpractice falls under personal injury law. The personal injury attorney that you’re talking to should be experienced in handling medical malpractice cases. The attorney will be able to advise on the way forward after looking at the details of the case. You will have to see another doctor to get the right diagnosis and treatment. The doctor you see could also be pivotal in your case. This is because they will provide the right course of treatment which is something that your previous doctor failed to do.
Meeting the Attorney
Once you’ve shortlisted a couple of attorneys, you should arrange for a face-to-face meeting. An experienced attorney will not have problems coming to your home or hospital to meet with you. They know what is at stake and wouldn’t want to ruin the chances of winning the case. The attorney will ask the basic questions of the people involved and why you suspect you could be a victim of medical malpractice. It is recommended that you have the medical records on the first meeting so that the attorney can go through them.
A medical malpractice lawyer will be familiar with the jargon as it is something that comes with the job after doing it for a couple of years.
Understanding Time Limits
There is a statute of limitations on medical malpractice cases. This means that you can only file the case in a specific timeframe. Failure to do so could render the claim void. In most states, the claim should be filed within 3 years after the medical malpractice. The earlier you file, the better it is for your case. This is because medical malpractice cases could take years before they’re settled.
Knowing the Malpractice
There are different kinds of medical malpractice. The compensation will depend on the severity.
Misdiagnosis: This could cover a range of different things. Your doctor could have diagnosed a particular disease when you’re suffering from another. One of the common misdiagnoses is flu when in reality the patient has lyme disease. Failure to diagnose can also be categorized as a misdiagnosis. This is because there is a likelihood that it will result in inaccurate treatment and the patient will not get relief for the problem.
Delayed diagnosis: Delayed diagnosis and misdiagnosis go hand-in-hand. A delayed diagnosis could happen when the doctor fails to diagnosis in time. Any other competent doctor would have been able to diagnose the condition under the same circumstances.
Surgical error: This the highest degree of medical negligence and a lot of doctors have lost their practicing license because of this. You’ve probably read horror stories about surgical blades being left inside the body because the doctor was not careful while performing the operation. It is easy to prove if it is medical malpractice that has been caused by surgical errors.
There are other different medical malpractices that we’ve not covered. The most important thing is to make sure you’re getting an experienced personal injury attorney who has been handling medical malpractice cases. It is the only way you can be assured of winning the case. Make sure you’re comfortable with the attorney as you will be working with the person for a long time.