Going to a hospital and having yourself checked for some health problems is one of the most common things that happen. People go to their doctors and consult to determine what illness could they have. Some even have themselves admitted for further testing, from collection of blood samples up to x-ray. But there are times that even the medical staff commit erroneous decisions that could result to unwanted or accidental death by the patient. Instances like this could result to a legal action.
As a patient, there are certain matters you must be aware and knowledgeable. However, there will be those times that you might seem to feel lost about the procedures on how to deal with it.
With regards to that, what could be possibly done if you were wrongly treated for a disease you really did not have?
But first, we define what medical malpractice is.
What is medical malpractice?
Medical malpractice is described as an act or omission by the doctor during the course of the hospitalization and medication of the patient that departs from the common and customary rules of practice in the medical field; which leads to a harm to the sick person.
History of medical malpractice law
Originally, medical malpractice has been an English common law since the 19th century; the English common law pertains to the legal system that has been present in England and Wales. It has also became one of the fundamental sources of the jurisprudence present in the United States. Common law is defined as legal systems that are promulgated from the decisions stemming out from courts and judges. In some countries, its jurisdiction depends on the states yet some countries practice it holistically.
Even if there’s an impending liability, there is a certain law that exempts circumstances from being covered by the medical malpractice law. That would be the “Good Samaritan” law. Moreover, this law varies from different states and countries and would still be required to be qualified if it will prevail in a pending case. Generally, this does not necessitate a specific person to respond to an injured victim. It gives out a specific responsibility to give prompt and prudent help to a victim, especially it’s an emergency.
Things to consider if you’ve been a victim
When you feel you are a victim of medical malpractice, it could entail a lot of factors. From the wrongful treatment that the doctors gave you up to the manner how the hospital acted on it; almost anything can affect you when it comes to matters like this.
As a patient who wants to make a claim before filing for medical malpractice, there are certain things that you should consider.
#1 Check on yourself, observe if you are feeling better or not
First thing’s first, you went to the hospital and consulted with a doctor to get better again after a slip and fall accident or other medical condition. However, that’s not the case. You don’t feel good or even better after receiving a number of treatments initiated by the doctor.
Carefully evaluate how you are feeling from the day you have been consulting the doctor up to the present. This can aid you in making a case for medical malpractice. The doctor might have given you a certain medication for a different disease; one’s that is not directly affecting you. At this point, also think about consulting another doctor; for second opinion.
#2 Record the instances of malpractice
The first step tells you, the patient, to check and observe how you are feeling. Next step would be to record those instances.
There are times that staying in an hospital gives a certain feeling. It could be either positive or negative and that’s normal. However, there are other instances that the patient may not see laboratory results in time. Then the copies of those results are not given to them or explained to them in detail.
What to do next is to get the names of the people who gave the results to you; make sure that the procedures they say would heal you are documented. The more you have recorded things in detail, the better it is for your case. This will aid you to defend your case very well.
#3 Ask the doctors, nurses and the people around you
A person has every right to know and to discover the truth about what’s really going on, the sames is true for a patient. You have every right to know and learn the truth with how they are treating you and what are the medications that they are giving you. Some would highly recommend to consult other doctors for second or third opinions, and that is okay. Just remember to know and pinpoint the injury and be able to describe how you felt when it first occurred. There are instances that you’d be looking forward for a specific outcome, but remember not to upset the staff or intimidate the health care providers. Remember that you are doing this to learn more and gain more information about your condition. The more you know, the more that you’ll get more consistent answers.
#4 Seek professional and legal help
There’s a limited time in filing for an action for a medical malpractice claim. It is best to consult an attorney that is experienced with these kind of cases. They will be able to guide you properly and let you understand the different ways and options there is in dealing with matters like this. Lastly, they are the best to consult and ask for pieces of advice to allow you to make the best decisions about the case at hand.
Vicki is a law writing enthusiast who’s had over 25 years of experience in her field. She enjoys sharing her experiences with those who want to learn more about the legal world. In her spare time she spends quality time with her family and friends.