When you suspect that your medical provider may have made a mistake or provided inadequate care, it can be scary and confusing. You may not know what to do next, since you are reliant on your doctors for medical care, information, and advice. Fortunately, there are steps you can take to protect your health and your rights in this difficult situation. That typically starts with finding the right professionals: another doctor and an experienced medical malpractice lawyer.
Document Everything Relating to the Medical Malpractice
If you suspect something has gone wrong with your medical care, you and your new medical team will need accurate information to make sure you can get the right treatment moving forward. If you decide to pursue a medical malpractice claim, your malpractice attorney will also need your medical records, a timeline of events, the names of medical professionals involved in your care, and more.
Seek Medical Care When You Suspect Malpractice
If you believe you’ve been the victim of medical malpractice, the first and most important thing you should do is find a trusted medical provider. That can be difficult, since your trust has likely been shaken by the experience that has you suspecting malpractice. However, depending on the circumstances, timely medical care may be essential.
For example, if your physician failed to diagnose a medical condition in a timely manner, you may already have lost valuable time. You’ll want to begin appropriate treatment as soon as possible. Similarly, if you have been experiencing unexplained symptoms after a surgical procedure, you will need to be assessed to find the cause. Depending on what your new physicians find, you may need medication, or even additional surgery.
In addition to protecting your health, your new physicians will generate records that will document your condition when you came to them, the treatment that was required to get you well again after the medical malpractice, and any remaining impact of the substandard care you received.
Focus on Your Recovery after Medical Malpractice
Remember that your key goal in seeking new medical providers is to protect your health. Many physicians don’t want to be drawn into malpractice cases, so it’s generally best to keep your focus on what has happened to you and the appropriate medical treatment without trying to get your new doctor to point fingers. When you consult with a personal injury attorney experienced in medical malpractice cases, they will review your records and have them assessed by medical experts.
It’s also important that you take all of the necessary steps to recover your health after medical malpractice. Obviously, the most important reason for getting tests, following up with your new doctor, and getting recommended treatment is that you want to recover your health as quickly as possible and to the greatest extent possible. However, you should be aware that neglecting your own medical care and recovery can also hurt your malpractice claim. The insurance company will typically use any weakness they can find to avoid payment or minimize your compensation. That includes claiming that your damages were at least partly your own fault because you skipped doctor appointments or took too long to seek medical attention.
When to Consult a Medical Malpractice Lawyer in Jacksonville
How Do You Know When You Need a Medical Malpractice Attorney?
Because medical malpractice is technical and a malpractice claim relies on an understanding of the medical standard of care in a specific situation, it can be hard to know whether you have a medical malpractice claim. It’s important to understand that a bad outcome doesn’t necessarily–or even usually–mean there was malpractice. The fact that another doctor later treated a condition differently or says they would have treated the condition differently also doesn’t automatically mean the first doctor or facility committed malpractice.
Some common types of medical malpractice include:
- Failure to diagnose a medical condition or misdiagnosis
- Administering or prescribing the wrong medication or the wrong dosage
- Overlooking allergies or drug interactions
- Wrong-site surgical errors
- Leaving objects inside a patient after surgery
- Failure to properly monitor a patient
Of course, this is only a partial list. The best way to find out whether you may have a valid medical malpractice claim is to talk to an experienced medical malpractice lawyer. The medical malpractice attorneys at Harrell & Harrell offer free, no-obligation consultations. So, you have nothing to lose by learning more about your rights and the likelihood that you may be able to pursue a successful medical malpractice claim.
How Medical Malpractice Cases Are Different
The sooner you speak to a medical malpractice attorney in Jacksonville, the better. Medical malpractice cases are more complicated than other types of injury cases and have additional procedural requirements. Here are a few important ways medical malpractice cases are different:
- You can’t just file a medical malpractice lawsuit like you would a car accident or slip and fall suit. First, you must provide written notice to all of the prospective defendants. This notice is best prepared by an experienced malpractice lawyer.
- Your medical malpractice attorney will also need to secure an affidavit from a qualified medical professional before filing.
- Medical malpractice claims are based on a provider failing to live up to the accepted standard of care for a medical professional in the injured person’s specific circumstances. That means there’s no list of statutory elements to help you determine whether or not the provider fulfilled their obligations–your malpractice lawyer will work with experts in the field to identify any failures to meet that standard.
These technical standards and procedural requirements make it extremely difficult and very expensive to try to pursue a medical malpractice claim without a qualified malpractice attorney. Insurance carriers know this and are nearly always prepared to take advantage of their superior knowledge and resources.
Medical Malpractice Attorneys in Jacksonville
The attorneys at Harrell & Harrell have extensive experience helping people who have been harmed by someone else’s negligence, including victims of medical malpractice. You can schedule a free consultation right now by calling (904) 251-1111 or filling out our contact form.