People go to doctors and medical facilities in order to receive quality care, see if there’s a problem, and hopefully feel better. While most professionals are able to help their patients recover from their health problems, it’s not the case in every situation. It’s true that majority of those who are in the healthcare field exercise the highest standard of care for all their patients, but unfortunately, there are times that things can go wrong. Just like us, doctors, physicians, nurses, and other healthcare providers make mistake in their procedures. But sadly, even a small mistake can result to permanent injury, brain damage, or worse, even death. This is known as medical malpractice.
Fortunately, our court system has developed a procedure to help those who are victims of medical practice find out who is liable for the damage caused while receiving medical care and obtain the best possible claim for their suffering. If you suspect that you or someone in your family has experienced improper treatment, misdiagnosis, childbirth injuries, surgical errors, breach of doctor-patient confidentiality, or other forms of medical negligence that has resulted to harm and injury, read on to find out what to do. Below you will find the basic steps to deal with a malpractice case.
Obtain the Necessary Evidence in the Medical Malpractice
When it comes to malpractice cases, it is not enough that you just say you’ve been harmed by the physician, even though you truly sustained an injury or damage while receiving treatment. Unpleasant results don’t always prove the physician’s negligence. Most of the time, your doctor will tell you that you’ve received improper care from your previous healthcare provider. Unless you have a strong proof that the injury or damaged you obtained is due to your current physician’s negligence, do not file a lawsuit. Only file a claim if you’ve gathered enough evidences, such as medical records, appointment conversations, and legal contracts that will prove that your doctor failed to provide a proper medical care.
Consider an Out-of-the-Court Settlement
Perhaps, you probably know that medical malpractice cases are complicated. In fact, even the judges in court are having a hard time to deal with these cases as they involved terms and issues that are difficult to understand. Aside from this, cases like this are usually time-consuming and expensive. When you file a case in court, you will need at least one expert witness to explain and prove how the malpractice happened. And that’s not a simple process. You will also need to gather enough evidences, or else you’ll have no case at all. This is the very reason why most medical malpractice cases are usually settled out-of-court. If you suspect that a medical malpractice happened, you can first consider an out-of-the-court settlement. But if you believe that you have a strong case, file a legal action.
Contact an experienced malpractice attorney
As you know, malpractice cases are complex legal matters, so you would need a lawyer who is expert in handling those kinds of issues. An experienced lawyer will be able to advise you what to do, help you deal with the case, and more importantly, get the compensation you deserve.
If you are in New York City, visit the Dankner, Milstein & Ruffo, P.C. law firm. They have experienced and professional attorneys that could help you walk through the necessary stages of medical malpractice case.