4 Things To Think About If You Suspect Medical Malpractice

Surgery Eye

Despite the recent advances in modern medicine and hospital technology, there is still a lot that can go wrong when you are under treatment. And, while the chances are slim, it is still a lot more common than you might think. By their very nature, hospitals are risky places – and there is also human error to consider. And today, it’s the human aspect of medical treatment that we are going to look at.

Medical malpractice is a serious issue. However, just because a doctor has made a mistake, it doesn’t mean they are guilty of anything. Or, that they will be found guilty if taken to court. So, anyone thinking about taking a case to trial should be wary that it could be expensive. And, of course, you could ruin someone else’s life – even if they did nothing wrong. Here are four things you need to know before starting a malpractice suit.

Understand negligence

Medical negligence can occur at any time during the treatment of a patient, from the initial diagnosis to the ongoing treatment. Mistakes happen, of course. But, if your doctor or medical team has fallen outside of the standard of care set by your state, you will have more of a chance of winning your case. There’s more on the standard of care issue here – nlm.nih.gov/.

Collect evidence

If a doctor hasn’t treated you correctly, you won’t have much of a case if you haven’t been harmed by that treatment. You will need evidence of any damage or harm that the treatment causes. This can be a highly complex issue, as you can imagine. For example, if you already have a disability, will you be able to prove that treatment has made that disability worse? These are all things that can go against a claimant, so make sure you keep a record of all evidence.

Equipment or practitioner?

Medical malpractice does not have to involve the mistakes of a doctor. In some cases, it can be the equipment or medication that causes harm or injury. For example, the Bair Hugger warming system has been in the news of late. There have been allegations it has been causing deep infections in patients that wear it. You can find out more here – LawsuitLegal.com. The point is, your doctor may have a total belief they are doing the right thing, but it is the equipment manufacturer that is to blame. Going up against a single physician – or even a hospital – is one thing. But, you’ll need robust legal advice if you are going up against a large manufacturer and their huge teams of lawyers.

The costs

Because of the complexity of medical malpractice cases, they won’t be cheap. Unless you have very clear issues that have arisen from your treatment, it can take an awfully long time – and money – to see it through. If you win, of course, then your costs should be met by the other party. Lose, however, and there’s a genuine risk of losing all your savings, too. Finally, anyone who has worries about money should think about using a contingency lawyer. These guys will take a percentage of your compensation should you win, but nothing if you lose.