May 08, 2021
It is expected from healthcare professionals and hospitals to provide you with a certain standard of care. You trust them with your life but the fact is that mistakes are inevitable in every profession, even in the medical profession. However, a healthcare professional’s mistake is more serious than, say, your waiter messing up your order at a restaurant. A doctor or a surgeon's mistake may have catastrophic consequences because their mistakes can be fatal. In some other cases, the consequences may not be fatal but are still dire.
There are so many medical errors that are resulted due to negligence, like getting a false diagnosis, wrong medicine dosage, or problems with your treatment or aftercare. You should never stand idly by against any kind of medical malpractice that occurs to you or a loved one. Keep reading to find out how to effectively deal with negligent healthcare professionals.
What Qualifies As a Medical Negligence
Before you take a step against your doctor or hospital, you should first understand what qualifies as medical negligence. Medical malpractice is when a healthcare professional fails to provide the patient with proper care, and this failure has caused harm or injury to that patient. If you have been harmed or injured as a result of medical malpractice then you have the right to a claim. If you have been the victim of false diagnosis, unnecessary surgery, premature discharge, prescribing the wrong medication, leaving something inside your body while performing a surgery, and acquiring an infection in the hospital, then you have the warrant for a claim. You should know that you have to make your claim within 3 years of becoming injured or within 3 years of the date you became aware of the injury. This date is known as the date of knowledge, as in some cases the patients aren’t aware of the negligence until much later.
Now that you understand what qualifies as medical negligence, you should know what to do if you face a situation like this.
Take Legal Actions
If you have been harmed as the result of medical negligence or have been falsely diagnosed then you should take legal action immediately. Don’t underestimate the situation or think that it is not a big deal, there are many medical misdiagnosis dangers that you aren’t aware of. The legal action will allow you to be compensated for all the suffering the malpractice has put you through. If you are the next of kin to someone who died due to negligent medical treatment or someone who can’t take legal action themselves, then you can take legal action on their behalf. It is important to find a lawyer who is specialized in clinical negligence cases.
You need to provide your lawyer with as much information as possible, so you should keep all the paperwork and records that are relevant to your treatment. You should also keep a record of all your expenses and any loss of earnings. When provided with these papers and records, your lawyer will be able to tell you if you have a case or not, and they can give you an estimation of the compensation you might get.
Compensation
Once your lawyer starts handling your case, they will claim compensation for any losses you have suffered as a result of medical negligence in the treatment you received. The claim includes compensation for any pain or suffering, payment for ongoing treatment, loss of earnings, or compensation for psychological damage. Most medical negligence cases don’t go to trial and are settled beforehand. Once all the evidence and case details are sent to the other side, the defense will settle with a financial offer. In some cases, your case may go to court but you shouldn’t fret if that happens. Your lawyer will prepare you so that you are ready for what will happen on that day. The court will take into account any security benefits you receive due to your injury before they decide on the amount of compensation you will get.
There are no words that can describe how damaging being the victim of medical negligence can be. No one wants to leave a hospital with an infection, or go for a simple check-up and be falsely diagnosed. This can damage your mental and physical health. So don’t hesitate to take action immediately if you have been a victim of medical malpractice and find a specialized lawyer to take your case. Remember that you deserve to be compensated for all the suffering you have endured.