Medical malpractice takes many forms, from surgical errors and misdiagnosis to birth injuries. If you get injured by a medical doctor, a nurse, a physician, or a dentist, you deserve compensation for health care expenses, damages, and lost wages.
Filing a personal injury claim is a complicated process. These cases are governed by complex statutes and require strong evidence in expert testimonies, independent medical examinations, and doctors’ records. Here is what you should do when you discover that your rights were violated during a medical procedure.
1. Contact your doctor
Most medical-related injuries can be resolved without long-term effects, and your doctor might provide treatment for free. Additionally, you are required by law to mitigate any further injuries and damages related to the accident by seeking medical attention, and failure to do so means you might not stand a chance to win a personal injury claim.
2. Get a personal injury claim attorney
An attorney with vast experience in the medical malpractice field will assess your case and determine if you have grounds for a claim. If there are enough grounds for a lawsuit, an attorney will guide you in estimating the value of damages caused and advise on appropriate steps to follow. With expert testimonies and a lawyer by your side, you will avoid mistakes that can significantly reduce your claim.
3. Gather evidence
The success of any personal injury claim hinges on the evidence you provide. The process is long and can be emotionally draining if the malpractice led to severe injuries or a loved one’s death. You must prove through evidence that:
- A doctor-patient relationship existed.
- The doctor was negligent.
- The doctor’s negligence led to the patient’s injuries.
- The injury or damages caused losses such as wages and medical bills.
Even after gathering all this evidence, you need a lawyer who can ensure it cannot be countered by the defense.
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4. Don’t wait
It is essential to file for a personal injury claim as soon as you realise that you deserve one. It is easier to collect necessary evidence if you launch your claim as soon as possible. Additionally, you will be psychologically motivated to seek justice for damages caused to you or your loved one if you file a claim when the events are still fresh in the memory.
Lastly, many states in the United States have a statute of limitations for personal injury claims. In Oklahoma, for instance, you have up to two years from the time of the alleged incident to file for a personal injury claim.
5. Document how your life has changed
Medical malpractice can have devastating effects on the victim. You should document all the challenges that you have faced since the incident happened. It is advisable to have a medical malpractice journal to write down symptoms, pain levels, and treatments acquired.
Endnote
Medical malpractice can rob you of a loved member of your family or leave you permanently disabled. Filing a personal injury claim not only ensures that justice prevails but also cautions medical practitioners.
