Dealing with Medical Malpractice
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Information about medical malpractice and what to do if you are the victim of it.
Medical malpractice is all too common, yet few of us are prepared for it or know what to do if it happens to us or to someone we love. The impact can range from a minor inconvenience to death. The nature of the error and the severity of your injuries will determine what you must do. Here are some basic steps you should take.
Obtain all of your medical records
Do this as soon as possible to avoid any changes or falsification being made in your records. Alterations are rare, difficult or impossible to prevent, and difficult to prove, but if proven there are stiff penalties involved. A doctor can lose his or her license and institutions, such as hospitals can be fined or sanctioned. In some cases, if a health care provider cannot or will not provide medical records in court, the court will rule in your favor on that basis alone.
Obtain an independent medical evaluation
Your attorney will advise you on obtaining an independent medical evaluation. This is one of the most important steps in a medical malpractice case. It may be necessary for you to be evaluated by a specific practitioner.
Document your experience
Write down everything that you can remember about your experience from your first contact with the health care provider to the last, including but not limited to:
- Symptoms you spoke about any actions they recommended in response
- Any and all communications with staff
- Voicemails you left, whether or not you got a response, and, if so, how long it took to get a response
- If injuries or physical decline are visible take photos, and have before photos on hand as well
Financial records
While you may not be compensation or reimbursed for every loss or expense, it is important that you, your attorney, and the courts have an accurate picture of the financial impact of your injuries. Keep a record of any financial damage you have incurred due to the incident including:
- Lost wages
- Additional medical care or procedures you have required as a result of the malpractice
- Travel expenses required for obtaining additional medical care
- Therapy, counseling, or any other services required to deal with the emotional and psychological trauma
- Special equipment needed to deal with disabilities or impairment
- In-home care
- Other necessary paid services including housekeeping and childcare (unfortunately help from family members does not usually count, with the rare exception of wages lost due to providing direct care to the victim)
- Moving expenses should your injuries require moving to obtain ongoing care, due to physical limitations, or due to loss of income
Journaling
You may be entitled to compensation for pain and suffering and loss of enjoyment of life. Keep a journal of how the medical malpractice affects your daily life including:
- Physical pain and limitations
- Psychological and emotional impact, such as depression, anxiety, fear of seeking additional medical care
- Cognitive, memory, and speech difficulties
- Social impact (especially in cases of disfigurement)
- Impact to your relationship with your loved ones and spouse (including sexual dysfunction)
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