Medical negligence is a lot more prominent than most of us would like to believe. Unfortunately, we put our complete faith in healthcare providers and trust their processes entirely. However, if most medical practitioners were honest, they would tell you that mistakes happen almost every day. While some are minor errors that often go unnoticed, there are countless cases of medical negligence that have left patients severely harmed. Moreover, medical malpractice is also often severe and fatal.
Experiencing medical malpractice can be devastating for several reasons. Not only is your trust in the healthcare system lost, but you may also be experiencing emotional pain and suffering in the form of emotional distress. Many patients that experience malpractice are left with post-traumatic stress disorder, crippling anxiety, and even clinical depression due to the negligence of a medical practitioner. A Nevada malpractice attorney will be essential in assisting with your case and ensuring you receive fair compensation for your damages. But before you consult a malpractice attorney, you must understand what defines medical malpractice.
Understanding Medical Malpractice
Medical malpractice refers to various instances of the negligence of a healthcare practitioner. These instances include misdiagnosis, delayed diagnosis, prescription errors, and incorrect medication dosages. In addition, these cases also include surgical errors, anesthesia mistakes, errors in pregnancy and childbirth procedures, failure to perform necessary tests, failure to act on test results, and numerous other instances. To simplify the legalities for you, if you have consulted a healthcare practitioner and their negligence resulted in your harm, you are legally entitled to file a lawsuit. That said, if you are sure you have a medical malpractice case, you should take these essential steps next.
Switch Medical Providers For A Second Opinion
Before consulting an attorney, you must first consult another healthcare practitioner to seek a second opinion. Your current doctor shouldn’t be aware of the fact that you suspect malpractice, as they may attempt to hinder your ability to file a lawsuit by covering their tracks. A malpractice lawsuit can ruin the reputation of a healthcare practitioner, so they will want to avoid a case.
When switching doctors, you should opt for a doctor at a completely different facility instead of asking for a different doctor at the same hospital or doctor’s room. Suppose your case is against a pharmacist that gave your incorrect medication or a nurse that handled you with negligence. In that case, you should still consult a different healthcare practitioner to provide you with a second opinion regarding the incident and your health.
Get Hold Of Your Medical Records
Once you have consulted a different doctor for a second opinion, you can ask them to obtain your medical records from the liable practitioner. If you are unable to obtain your records, your attorney will need to handle this step of the process for you. However, you will need your records, and you are legally entitled to a copy of your own medical information.
Continue With Medical Treatment As Necessary
After receiving a second opinion and confirmation that you require particular treatment, you should continue with treatment prescribed by the healthcare practitioner instead of abandoning treatment simply because you experienced malpractice. Neglecting medical treatment at this point will put your malpractice claim in jeopardy as it could be concluded that you did not require additional medical treatment and, therefore, did not sustain any harm from the traumatic and unfair incident.
If you are experiencing any emotional distress symptoms from the ordeal, it is essential to consult a therapist at this point as well. Your therapist will know how to treat your symptoms. in addition, you will need proof of emotional distress damages, which can be in the form of evidence of professional therapy sessions. Your therapist will also be able to diagnose any emotional or mental conditions that you may have developed from the incident while assisting you with a suitable treatment plan to help you overcome the emotional trauma of malpractice.
Journal Your Experience
Journaling your experience from the moment of negligence to receiving a second opinion and receiving correct treatment is essential for your case. This will serve as a personal testimony of your experience. Because some details of the incident can fall away over time, you should journal your experience right from the beginning instead of attempting to remember every tiny detail later on when you consult an attorney. Your malpractice experience journal should be as detailed as possible. If you have photographs of any injuries, you should include them in your journal as well.
Consult A Medical Malpractice Lawyer Within Two Years Of The Incident
The last step of the process to filing a medical malpractice lawsuit is to consult an expert malpractice attorney in your area. It is best to consult a specialized attorney to ensure they know precisely how to handle your case; medical malpractice law is a field of its own, so you will need an expert that knows all the legalities in this category of the law. You must give your attorney as much information and evidence as possible to compile a strong case on your behalf. Therefore, you must hand over copies of your medical records if you could obtain them, your experience journal, and any testimonies from friends and family that may have details of your experience from an outside perspective. The more detailed information and accurate evidence you give to your attorney, the stronger your case will be as a general standard.
When filing a malpractice lawsuit, you will be able to recover various damages. These damages will include your medical bills, loss of income, transportation expenses, emotional distress, and a few others. However, rest assured that your expert attorney will be able to determine the total value of your case as you may have trouble calculating your damages. For this reason, it is also crucial to rely on legal representation as you might miscalculate your damages and receive an unfairly low payout that doesn’t completely cover your damages.
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