Important Steps to take if you’re a Victim of Medical Malpractice


Has your medical condition got worse because of a misdiagnosis? Or do you have an aggravation of pre-existing injury as a result of a medical caregiver’s or hospital’s negligence? Medical malpractice cases are common these days.

According to a post in The New York Times Magazine, 12,000 people die every year due to unnecessary surgery. Another study by Healthgrades revealed that an average of 195,000 hospital deaths in the US were as a result of medical errors that could be avoided. 106,000 patients succumb to the adverse effects of their medications, as per the Journal of the American Association reports. Those are just deaths.

The Institute of Medicine approximates medication mistakes to be the leading medical errors, with 1.5 million individuals sustaining injury from these errors annually. If you happen to find yourself in the mix of those who are hurt due to a doctor’s or hospital negligence, then this article is for you. We will highlight some of the critical steps you should take, from the perspective of a Miami medical malpractice attorney.

Find help

Medical malpractice is one of the hardest cases to win. It is tough for an average person to prove all the elements of negligence, especially causation. With the legal and medical terms in play and strong opposition from the defendant’s side, you won’t stand a chance of proving fault. That’s why you need someone with skills, experience, and knowledge to hold your hands. Bringing in a medical malpractice lawyer is your best shot at getting compensation for your losses.

Ask for a referral

The moment you realize medical negligence or malpractice, you should find a new doctor for better care, and also avoid the possibility of the negligent party “doctoring” your records or care.

Gather evidence

Without evidence, it will be your words against the defendant’s words. That will only render your case baseless. So, before leaving the facility, you should request a copy of your medical records. Do not wait long to get the records to avoid any alterations or tampering of records.

Move quickly

You won’t have the luxury of time between the injury and filing your medical malpractice claim. The statute of limitations only gives you two years, after which you won’t be able to bring your claim and seek compensation. And if you think about it, taking long to pursue your case may only tamper with the evidence.

Note down everything

This might seem like a lot of work, but it will go a long way. Instead of depending on your brains to recall everything as it happens, try to write them in a notebook or journal. Note down the unfolding of events, the medications you were issued, what you saw, what you felt, and anything else that could add value to your case, including the name of the physician. You never know when your mind will play tricks on you.

Focus on getting better

Your health comes first. And since the lawsuit process does nothing to improve your health, you should delegate as much as you can to create time to focus on getting better. Finding an aggressive lawyer who’s sure to get the full extent of monetary compensation you are entitled to for your losses is a great place to start.

Leave A Reply