Medical malpractice: steps to follow if you have been a victim

Whether it’s a work accident or medical malpractice, no one wants to fall victim to such a situation. Suffering any mental or physical damage from something like this is undoubtedly disruptive. It doesn’t necessarily have to be a major injury – an accident will always cause a lot of distress.

 Medical malpractice is a challenging experience, so it’s only natural to be highly affected if it happens to you, mainly if the irresponsibility of a medical professional caused it. 

Since doctors are people whose role is to heal you, it’s common to feel appalled when their negligence harms you. 

If you have been a victim of medical negligence, it’s crucial to know what steps to take next.  

It’s essential to mention that you can claim compensation for medical malpractice – if you think the NHS could have done something to prevent the injury. 

 Below, you’ll find more details on what to do if you are in this situation. 

Image source: https://unsplash.com/s/photos/doctor 

Check the reason behind your doctor’s mistake 

Medical errors are not always caused by a doctor’s incompetence – sometimes, things can go wrong even if your doctor is the most professional. Rather than a lack of ability, a medical expert’s negligence might result from burnout and stress. 

Before considering suing your doctor, you should check whether the mistake was really a consequence of their incompetence or there was another reason for it. You can do that by looking up their history and medical background. If your doctor is really at fault, then you might find out someone else already filed a lawsuit against him. 

On the contrary, if your doctor has never been sued before, you should address your concern to them and see if there is a way to correct the mistake. 

 However, if your doctor doesn’t take responsibility for the damage, you should consider finding another medical professional. 

Look for another medical expert 

After such an appalling experience where a medical professional fails you, it might feel daunting to look for someone else who you can trust. However, you don’t have to lose hope – an experienced doctor will make you feel secure, and by providing proper treatment, they might even help you recover from the injury you suffered. 

 Your new medical expert can also review the records, conduct tests and diagnose the issues caused by your previous doctor. 

Plus, a competent doctor will also explain the prior misconduct, which will be truly helpful if you want your medical malpractice claim to succeed. 

Collect your medical records as evidence

To get fair compensation for the medical malpractice, you have to prove your doctor’s wrongdoing. This is why gathering evidence of the suffered damage is vital. You can get a copy of your medical records either through a written request or by directly asking the hospital to give them to you. You are entitled to receive the records and learn about your doctor’s treatments.

 If you have any trouble getting them, you can ask for help from an attorney. They can assist you in the process by explaining what are the specific steps you should follow when you make a malpractice claim. 

 Follow your doctor’s advice 

Although the first thing you might want to do is sue your doctor, you should put your health and safety first. Your frustration, disappointment and hurt – they are all understandable. But nothing should come before your wellbeing. 

You need time to recover, not only physically but also mentally. So, ensure you make this your priority and leave the lawsuit for later.

 Your new doctor might recommend physical therapy, talking to a mental health professional, taking medication or some sort of medical procedure. Whatever it is, you should rigorously follow your doctor’s advice. 

Get in touch with an experienced lawyer

Once you’ve given yourself enough time to heal, it’s time to proceed with the lawsuit and get medical negligence compensation. A lawyer experienced with medical malpractice cases can guide you in the right direction and help you with all the legal aspects. 

It’s essential to find a lawyer you resonate with because you’ll share your experience with them, and you have to feel comfortable around them. 

When looking for lawyers in your area, there are some things you can consider, such as fees, experience, previous results in similar cases, as well as reviews from other clients who’ve worked with them.  

Once you’ve found the right person, make sure your lawyer has a copy of your medical records and other relevant documentation. Give all the details about your experience – even the most insignificant you can think of. This will help your lawyer collect enough information to start the investigation. 

If you miss out on any essential thing or you have additional questions, you can contact your lawyer at any point during the process.  

Use a journal to keep record of your experience

A medical malpractice experience can be genuinely traumatic, thus interfering with your memories. The fright might lead to a loss of memory, and in time, you might forget important details from the contact you’ve had with the doctor. 

However, no matter how small, any detail can help you in the lawsuit. 

Using a journal to write down your thoughts related to the experience will help you record everything that’s happened to you. Make sure to include all the information you can recall about the appointments, treatment or any other relevant aspects. It’s also essential to write about how your doctor’s error affected your life. If, for instance, the injury impacted your relationships, mention that in your journal as well. 

Don’t make statements that might be turned against you

It’s crucial to be careful about what kind of statements you make not only during the lawsuit but also when you first start suspecting your doctor of medical malpractice. Make sure you don’t say anything that could make the medical professional turn out less guilty. If, for instance, you say the damage is not that serious, you risk minimising the doctor’s fault. 

Also, it’s better to keep the information about your case confidential and not share it on social media or with other people, as you cannot know their true intentions. After all, the only person who should know about your claims is your lawyer.