Who knows better than a doctor? Most people would second guess themselves before they questioned a doctor’s treatment or advice. However, this doesn’t reflect the fact that medical errors are very common, killing hundreds of thousands of people annually. If you suspect that you’re worse off for seeing a doctor, here are three things to know.
1. What is medical malpractice?
As humans, we’re negligent almost every day: we neglect to take out the trash, or we neglect to use that turn signal. But then we have professional negligence, which is malpractice. When your doctor is professionally negligent, it affects your standard of care, which is a serious breach of the ethics and protocols held by the medical community.
Ask any other doctor what they would have done. If it’s something that would have provided a more positive outcome for you, then it’s possible your doctor is guilty of malpractice.
Speaking of outcomes, there’s another good reason to speak to other healthcare professionals. If your treatment didn’t go as planned, or wasn’t successful, that doesn’t necessarily mean there was malpractice involved. Carefully assess your experience and be prepared to make your case, as the burden of proof will be on you.
2. Is this my fault?
Did you follow the doctor’s instructions? If you didn’t, why not – was that advice part of why you consider their conduct to be malpractice? In the end, if you didn’t follow instructions, such as taking a prescribed medication at the appropriate time, or following proper pre-op instructions, you could be saddled with some of the blame.
Depending on the state in which you live, this can have a moderate or severe impact on your malpractice suit. Some states have true fault or pure fault laws, so if your behavior played a role in the negative outcome, you’re not eligible for damages.
In other states, they have laws which are true comparative fault or modified comparative fault. This means that even though your actions contributed to the outcome, you’ll only be “penalized” by losing a certain percentage of any damages you’re awarded.
3. How am I ever going to afford a lawsuit?
Lawsuits are stressful and expensive for many. In addition, you have to get all of your documents lined up and be prepared to file within a certain time limit. For this reason alone, many people opt not to pursue a malpractice case at all.
Here’s where attorneys try to make suits more accessible. Lawyers with a focus on medical malpractice suits will not make you pay as they prepare your case, instead utilizing contingency. Contingency fees mean that the lawyer doesn’t collect until you win your case. When that happens, they take a cut of your damages.
Because they want to see things through as much as you do, it’s good to consult with several attorneys before proceeding. Visiting the experts at https://tittlelawfirm.com/lawsuits/medical-malpractice/ and other firms can help resolve questions and anxieties you may have.
There’s no question that people affected by medical malpractice too often don’t get the justice they deserve. Most of this is due to how draining the lawsuit process can be. With a clear idea of what it entails, good record keeping, and a knowledgeable attorney, your case can be the one that sees that healthcare professional held accountable.
