Sometimes, surgery is a necessary part of life. If you have a disease or ailment, the surgery will fix the problem and provide you with a better way of life. There are a countless number of people that will vouch for the efficacy of going under the knife. However, it doesn’t always go to plan. And, when it goes wrong, it can leave you in a worse place than where you started. It is called medical malpractice, and it can take many forms. Regardless of the type of malpractice, you need to know how to react afterwards. Your future is in the balance, so it is essential that you make the right moves. If you don’t know what to do, you have come to the right place. Below are tips that will help you if you are the victim of medical malpractice.
You may think that you are a victim, but the authorities may think differently. As such, it is in your interest to prove that you are a victim. How do you do that? You do it by proving that an injury occurred as a result of the surgery that didn’t exist before. Any injury that existed before is very difficult to prove that it was the fault of the surgeon. A fresh injury, however, is a lot easier to prove. Your medical records will come in handy because they list every ailment and illness from when you were a child. If your records so no sign of the injury, you are off to a good start.
Request Your Medical Records
The issue you will have is getting hold of your medical records. As of this moment, you won’t have them lying around the house. They are the property of your doctor, yet you are entitled to a copy if you request one. It is a legal right, so they shouldn’t deny you your request. What you shouldn’t do when you ask for a copy of your records is tell them the reason. No one wants to fling mud, but you don’t know what a person will do if they suspect a lawsuit. The best option is to inform them that you want a copy and leave it there. It is worth noting that you might have to pay a fee for your records depending on the state. However, the price shouldn’t be astronomic. Also, you might have to make a request in writing as well as in person.
Cover All Bases
Most people will head straight to the place where the malpractice occurred to get a copy of their records. Although it is a good place to start, it is only a start. The fact is that you will need more than one set of records to build a comprehensive case. For you to show that you are a victim, you need to build a bulletproof case. With that in mind, contact every doctor or hospital that might have your records on file. Then, you can use all of them to show that the surgeon or doctor was negligent. Surgeries and hospitals will only have you on file if you were a patient at some point. To save time and energy, only contact those establishments. All you have to do now is make a list and get their contact details.
Write Everything Down
It is a difficult experience and a stressful time, which is why you need to write down all of the details. The simple fact is that you can easily forget vital pieces of information due to the stress. After all, the human brain isn’t infallible. Unless you have a mind palace like Sherlock Holmes, you need to document the details that you think are important. You should document them even if you have a mind palace just in case. The trick is to write down anything that comes to mind when you think of the incident. It doesn’t matter how insignificant it seems because the small details make the biggest difference.
The only way you will know what went wrong is to ask questions. The staff might not be accommodating if they suspect you are going to file suit, so it might not help. However, they might tell you something that will come in handy in the future. It might be a small detail, but it could be the difference between winning and losing. It is a good idea to write down these interactions too. In fact, if they allow it, you should tape them so that you have a recording for future reference. It is intimidating, and it is also quite difficult to understand. Let’s face it – you aren’t a medical professional. Still, it is an invaluable part of the process.
Talk To A Lawyer
There is only so much that you can do before you need to hire a professional. If you don’t believe that, you should view this from Black and Johnson and think again. At the end of the day, medical malpractice attorneys have a higher level of knowledge when it comes to the subject. And, they are willing to offer you that knowledge for a price. Plus, these law firms also have a great amount of expertise. As a result, they know how to build a case that will win. They don’t even need your help because they have the resources at their disposal. What you need to do is speak to them to see if you have a case. If they believe there was negligence, they will help you get what you deserve. Nothing is impossible, but winning a case without a lawyer is highly improbable.
Whatever happens, you need to stay calm. If you start to feel the emotions of the proceedings, it will harm your chances. Not only does it make you less likely to win, but it also affects your health. Your health is the priority. In fact, it is the reason you are looking to win a court case. With that in mind, you don’t want to do anything to put it in jeopardy. Try and keep your emotions in check as much as possible.