Mistakes are a part of any job. Even the best, brilliant minds make mistakes: doctors, engineers, lawyers, or just anybody else. Like any other human, a doctor might make mistakes on their job too, which might be trivial and not dangerous to a patient. But when this mistake leads to any injury or, even worse, death to the patient, it is Medical Malpractice.
If you’ve been a victim of medical malpractice, you are entitled to compensation as it is a personal injury to you. Proving that you’ve been a victim of medical malpractice is a complicated matter. To get a claim, it has to be proven that your medical care provider did not provide to you the level of care and take those same decisions a person at the same level of knowledge and position would have taken. Thus, having a reputed and professional Personal injury lawyer to represent you is crucial as it requires expertise to help you get what you deserve.
The two key terms here would be medical malpractice and medical negligence:
What is Medical Negligence?
Medical negligence is the situation when a medical practitioner does not have the knowledge of the potential harm to the patient or did not have the intent to leave something out. The difference here is the intent of the practitioner. He/she just made a mistake that might have led to the patient’s injury or harm.
An example can be a Misdiagnosis by a doctor that is just a mistake made by him and not something he was aware of.
What is Medical Malpractice?
Medical malpractice is the violation of duty by a medical care professional. The key difference lies in the intent of the medical provider. It has to be proven that the doctor or nurse had the right knowledge and information about the case and measures that should have been taken and still choose to take a different path which leads to the injury.
The essence of the point is not that the medical practitioner wanted to harm the patient; it presents that she or he was aware of the risk of harm and still did not perform the necessary prevention procedures.
For example, a doctor did not perform an expensive but crucial diagnostic test on a patient because of him not having health insurance which ultimately led to the patient’s death.
What to do if you’ve been a victim of medical malpractice?
• Documentation: You need to collect all the essential documents possible. Collect the names, dates, times, nurses, the drugs administered, receipts, and everything else you were subjected to.
• Get your medical records: Getting a copy of your medical records is essential as it indicates your condition before and after the treatment. It is also proof of malpractice on the part of the practitioner.
• Call a lawyer: Calling an experienced and reputed lawyer should be the first thing to do. He or she will guide you for the things you should and should not do. A lawyer will also help you get the claim you deserve and the rights you are entitled to.
• Asking questions: You need to ask all the questions to the hospital staff. Ask them what is happening and what they are doing to fix it. This will help you know what is going on in your body and what they are doing to administer it.
Medical malpractice claims are complicated to prove and get the claim or settlement that you deserve. Following the above points would help you get the compensation you deserve for your sufferings and injuries. Contact a personal injury lawyer if you feel that you have been a victim.
