The rate at which malpractice cases are increasing in this country is alarming. But the more alarming statistic is the number of people who have been a victim of medical malpractice and do not realize that they have legal rights according to malpractice law, and therefore do nothing about it. While it is true that a malpractice lawsuit will not correct damages or wrongful death, it can provide some financial relief against the circumstances you may now be facing.
The first thing you must realize is what medical malpractice is. If you read the wording of malpractice law, it may seem somewhat ambiguous but it really is not. This is when a doctor, physician, hospital or some kind of health care professional acts in negligence by mis-diagnosing symptoms, prescribing the wrong medications, or some other type of significant "oops" that causes damage, disfigurement, or even wrongful death in a patient that they have the responsibility of care for. But it is not something like a billing error, where your hospital bill may show a $75 charge for a bandaid; while that is ridiculous in itself and does happen, that is not malpractice.
Typically before a patient undergoes surgery or some type of treatment, the patient is required to sign a waiver form. This is pretty much standard procedure anywhere. But most people think that because they signed that waiver form, if something happens out of negligence, they have no rights. Nothing could be further from the truth. That waiver form that you signed does not diminish or eliminate your rights if something happens in that procedure that can be proven to be due to negligence, wrong medications applied, wrong procedures used, etc. You still have rights according to medical malpractice law and that waiver does not negate those rights.
The best advice that can be given is that anytime you are going to undergo a medical process or procedure, keep a notebook or a diary where you record the events. Note the date and time of each item, the doctor or nurse's name, what is being done, and why they are doing what they plan to do. If something goes wrong down the road, you are not going to have a clear head to go back and try to remember all these things, and such a diary will be a key component if your malpractice case goes to court.
The burden of proof is on you, the patient or the family of the patient, which is where this notebook or diary is going to be necessary. But if a malpractice lawyer, upon reviewing your case, can determine that you really do have a valid case, it is very frequent and almost common these days for the hospital or doctor to settle the case out of court. The reason for this is because the doctor or hospital does not want all the negative publicity that such a case would give them if it went to court. If they do not think you have a valid case, it may end up going to court to be settled, but if you have all your facts and figures in front of you, chances are high that it will not even get to a courtroom.
One more thing is that you should not attempt this on your own. Seek the services of an experienced and qualified malpractice lawyer. Attorneys such as this have the experience and expertise to present your case in the light required to get you the appropriate settlement. If there is no settlement, you will likely not have to pay anything for the malpractice lawyer, since they typically take a portion of the settlement amount to cover their fees.
Malpractice law is quite specific and if you have been a victim of it, know that filing a suit will not correct the damage that was caused but it can make it easier for you to move forward in the future, as well as helping to ensure that a similar error will not occur in the future.
Do you have a valid medical practice suit or wonder if you are covered by malpractice law? Stop wondering and take action today. For more insights and additional information about Malpractice Law as well as finding resources to help you find a qualified malpractice lawyer, please visit our web site at http://www.malpracticeinfonow.com
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