Medical malpractice occurs when a medical professional, through an act of negligence or omission, strays from the usual standards of care and causes injury to a patient. Medical malpractice can take many forms, including an incorrect diagnosis (or failure to diagnose a serious issue), mistakes with medication dosage, medical errors during surgery, and many more. It’s important to recognize that a medical professional isn’t necessarily legally liable for any harm that comes to a patient, but they become liable if their behavior deviated from the typical standard of care, or was negligent, and it resulted in lasting physical injury or other harm.
While most people tend to trust doctors, nurses, and other medical professionals, you may be surprised that, up until the mid-2000s, medical malpractice was one of the leading causes of death in the United States. Even today, surgery errors and misdiagnoses result in thousands of claims per year. Naturally, doctors and other medical pros tend to have excellent lawyers, and winning a medical malpractice case can be extremely difficult without the right planning and help. Here’s what you’ll need to do if you believe you have a case.
Determine what went wrong, and gather evidence.
While a malpractice case shares many similarities with a personal injury case, you’ll have some extra work to do to prove negligence. Some states will require you to acquire a certificate of merit from another medical expert. It may be difficult to return to a medical professional after having such a poor experience, but this step is similar to receiving immediate medical care after a personal injury. For your case to stand up, you have to prove that the injury was caused by what you say it was.
It’s a good idea to speak with your healthcare provider about what went wrong, and see if they can address it. While a lawsuit may be appropriate, it’s generally saved as a last resort. If your provider doesn’t offer satisfactory assistance, then you’ll need to gather every bit of evidence for the injury that you can. This includes medical records that detail what happened, photographs of the injury site, and anything else that could help your case.
Reach out to the right attorney.
While there are many personal injury attorneys who may take your case, you’ll want someone with extensive experience in the medical field. Take someone like this nurse attorney in Metairie, for example. As an attorney with a master’s degree in healthcare administration, a nursing license, and years of experience, this lawyer knows the ins and outs of regulations like HIPAA and all standards and practices for care. These factors make this attorney uniquely qualified to pursue the maximum compensation for your suffering, medical expenses, and lost wages due to a preventable error.
Having as much evidence about your case as possible before the consultation is a great way to get the ball rolling, assuming your desired attorney takes your case. A malpractice case can be a long process, and there is a statute of limitations for these things.
Look out for your mental health.
Medical malpractice doesn’t just take physical and financial tolls—it can be devastating for your mental health as well. In mild cases, it may cause mental health issues like lost self-esteem. In severe cases, it may even lead to issues like PTSD, suicidal thoughts, or even relationship issues if you don’t have the right emotional support.
It’s a good idea to reach out to mental health professionals after a traumatic experience. Even if you’re wary of in-person therapy because of COVID-19, online therapy is always an option, thanks to telehealth services. You can even use online databases to find the best online therapy services for your needs. Just talking things out with a counselor who listens can make a surprising amount of difference. If needed, you can also have video chats as you search for a psychiatrist who you feel comfortable with. You may find that techniques like cognitive behavioral therapy (CBT) can help you think differently about what happened and give you the skills to regain your confidence and work through issues.
Keep both your attorney and your licensed therapist updated on any new developments in your case, and remember that you’re not alone during this process.