A report published in the Journal of American Medical Association (JAMA) states that medical negligence is the third leading cause of death in America, right after cancer and heart disease. This is alarming especially because we expect medical practitioners to heal us and not kill us.
So when can you say that there has been medical malpractice? First of all, you might want to discuss your case with a qualified Norfolk medical malpractice attorney before you file a case. There are several factors that you should consider before you can say that you’ve experienced medical malpractice – and your lawyer will be walk you through each of these.
When Medical Malpractice Happens
The American Board of Professional Liability Attorneys has made a list of the factors involved in medical malpractice. This list includes the failure to provide the standard healthcare procedure, inflicting injuries due to negligence, and triggering new illness because of misdiagnosis. The injury you’ve acquired should have damaging consequences for your case to be taken by the court. You must also have proof that this injury resulted from the medical practitioner’s actions.
What You Can Do
The first thing you need to do is to gather all the medical records related to the case. These will include the doctor’s diagnostic reports and prescriptions. If you’ve lost an important record, you will lessen your chance to win the case.
After which, contact a medical specialist. You need to have your health checked to know whether the diagnosis you’ve received before is the standard treatment. If you can, ask the specialist to review the previous diagnosis. If you think that a second opinion is not enough, you can get a third opinion.
The third step is hiring an attorney who will handle your case. Set a consultation date. If you haven’t gone to a medical specialist yet, you can ask recommendations from your malpractice attorney. Your legal advisor is also responsible for determining whether or not you have a good case. If you do, he will file the complaint for you. All you have to do is to show yourself during the proceedings.
Why You Should Hire an Attorney
A qualified medical malpractice attorney can ensure that your case is managed properly. Thus, you can receive the maximum payout from the medical provider or practitioner.
Currently, 85% of malpractice claims are in favor of the physicians. Winning with an unreliable attorney is already difficult. You can imagine how it will be if you don’t hire one at all. However, remember that malpractice attorneys don’t take cases that don’t have a chance of winning. After all, they usually offer their services on retainer. They understand that you can only fully pay them once you’ve been compensated.
If you believe that you’ve been a victim of medical malpractice, don’t be afraid to take a stand. Follow the guide provided above and trust in your attorney. Make sure that you have enough evidence to secure your success. Also, remember that there is a time limitation in filing a medical malpractice complaint, so you need to be able to build your case as soon as possible.