Doctors have a responsibility for treating their patients properly. If a medical condition, under normal circumstances, could have easily been diagnosed and led to further complications, negligence may be the cause. Doctor negligence is common, and 95% of victims remain hidden.
Why? There are a few reasons:
Victims wait too long to present the claim to a lawyer, and the statute of limitations passed
Lack of evidence exists to bring a solid claim to court
Malpractice occurred, but there was a lack of real damages that occurred
Victims need to start emerging from the shadows faster, holding doctors responsible for their mistakes early on.
Your steps to holding a doctor liable for negligence is to:
1. Contact an Attorney Early On
An attorney should be contacted immediately. If you even suspect some form of malpractice occurred, you want to talk to an attorney now. I am not one to recommend running to an attorney too quickly, but with malpractice, you need to gather evidence fast.
A pre-suit process will help determine if you have a case.
One of the biggest mistakes that a person can make is waiting to have their case reviewed to determine if a case is valid. The idea is simple:
The right attorney, one with ample experience, will be able to help you gather evidence that will help you win your case. Experience will be the most important aspect of the entire process, and an inexperienced attorney may miss small mistakes that the doctor made that were negligent.
2. Document All of Your Interactions
All interactions need to be documented properly. Proper documentation is crucial because you’ll be documenting many of the conversations and interactions that occurred in the past. The goal is to still document everything as early as you can.
Every last detail is important, so write down and document:
Conversations with nurses and doctors
Symptoms and issues you expressed to the doctor
All conversations with medical staff
Procedures and actions taken by staff
It's important to write down every last detail. The goal is to provide all of the documentation that your attorney will need to be able to determine if a case exists. These details will follow up with all of your medical records.
3. Request All of Your Medical Records
After you document all of your reactions, it’s time to request your medical records. The healthcare provider is required by law to keep your medical records. Patients have a right to ask for these records from a doctor or hospital who is responsible for complying with the request.
Medical records will dictate all of the symptoms and issues that you were facing.
And the documents will also list out all of the actions taken by the doctor that led to the negligence. Sometimes, negligence may not have occurred, and in other cases, another doctor may have competently followed procedures and helped lessen your pain, suffering and provided a favorable outcome for your condition.