Suffering from medical malpractice is a burden no one expects, but one that happens far too often. Serious accidents can have long-term adverse health effects, and while to err is to be human, it is hard to see past a medical professional monumentally messing up a serious procedure.
If you have suffered from medical malpractice, you know this first hand. You know how confusing and painful the aftermath can be, and you know the feelings of anger and helplessness, too.
However, despite this pain, there are steps you can take to not only fix the problem, but to gain retribution for your suffering. The first step is, of course, to get the mistake fixed (if possible and affordable), but if it is not possible or the responsible party is unable to help, what can you do?
- Contact the Medical Licensing Board
If possible, you should consider contacting the board responsible for licensing the doctor who initially treated you. While they may not be able to compensate or make up for your pain, they can usually discipline and review the professional who caused you harm.
- Consult a Lawyer
Medical malpractice cases pop up everywhere, but you want a lawyer who has experience with them, and preferably one with a successful track record. Most injury attorneys understand the potential long-term effects of your suffering, and want to see the wrongs righted as much as you do. You need a lawyer who is reputable, experienced, and compassionate, or else you will simply be adding more suffering to your full plate.
- Know if Your Case Has Merit
Often, because of the high number of medical malpractice claims, insurance companies may outright reject them. With the help of your attorney, you should determine if your case has merit. If it does, you may be able to receive a “Certificate of Merit” which can confirm that your injuries are due to the negligence of the medical practitioner, which will ultimately benefit your case.
- Consider Settling Outside of Court
Rather than trying to deal with the insurance companies, consider an out-of-court settlement if possible. You may save yourself quite a bit of grief and money by settling without taking it to court. Though in the end, only you and your legal team can truly determine if this is the best course of action.
- Prepare Your Case, If Need Be
If the error was indeed grievous, it may be time to prepare a proper medical malpractice lawsuit.
These can be expensive and time-consuming, so you want to be sure you have all the necessary information and a strong case. Things you will be asked to prove beyond reasonable doubt include: a specific duty was owed by the hospital or health care professional, that duty was breached because the provider failed to conform to care standards, the breach resulted in and was closely linked to personal injury, and that you (the plaintiff) suffered significant damage – either emotional, physical, or financial.
Sometimes, these are not easy things to prove, which is why medical malpractice suits can be tricky, and you need an experienced attorney who fully understands your situation. In the end, either you or the defendant emerge with a win in the case, so you should be absolutely certain that you have the means and the proof needed to support your case.
Conclusion
Suffering due to the negligence or mistakes of the professionals meant to help you is a cruel and unfair sort of pain. Depending on the severity of your injuries, you may be eligible for extra compensation from a lawsuit or settling out of court.
At the very least, you may be able to have your injuries fixed by the provider who messed up in the first place. But because that is not always the case, these are just a few things to keep in mind if you ever find yourself in this unfortunate situation.
