Legal

5 Ways to Prepare for a Medical Malpractice Lawsuit

Every year, hundreds of millions of dollars are spent in medical malpractice payouts and settlements in Canada. This number surges to $3 billion just south of the border.

Medical malpractice takes place when a hospital, healthcare facility, doctor, nurse or other medical professional makes an error through negligence or omission that leaves an injury. This could consist of everything from misdiagnosis, incorrect treatment, wrong health management and terrible aftercare.

Of course, the patient is required to prove the negligence that produces the injury or wound.

If you believe that you are the victim of medical malpractice then you must file a claim and a hire medical malpractice as soon as possible. Before you begin… Here are five things every attorney will tell you about medical malpractice:

1. Compile Your Medical & Health Records

Just before filing your claim, it is imperative to compile all of your medical and health records from your general physician. This is the backbone of your entire case because you need to prove that your injury or ailment wasn’t cause by previous conditions.

2. Never Accept an Apology from the Doctor

Should you consult with a doctor about your illness or wound, the doctor will try his very best to apologize for his negligence. He may be heartfelt and genuine, but this doesn’t help pay the bills.

In the end, you should refrain from accepting an apology from the healthcare professional. An apology is nice to have, but it won’t cure your issue or put loonies in your bank account.

3. A Witness is Key to Winning a Case

Sure, the medical malpractice may appear to simple and straight forward, and the injury is obvious. That said, it is still essential to have a witness to complement the evidence.

This will likely be a medical staff member, who did not have any control over the injury. They should have the academic knowledge, experience in the area, understand the medical policies at the time of the injury and where the location of the medical negligence transpired.

With a witness, you will definitely be victorious in your lawsuit.

4. Don’t be Afraid? File a Claim

Many patients are terrified of filing a medical malpractice lawsuit. They fear that it may cost plenty of money to go to court. They are scared that they won’t be able to receive treatment afterwards. They are also concerned that their next treatment may cost them a lot of money.

Simply put: do not be afraid. In any event, despite any apprehensions you may have, submit a claim immediately.

5. Seek a Medical Malpractice Lawyer

Finally, and perhaps this is merely common sense, but you should seek out a medical malpractice lawyer. This is a legal professional who has an abundance of experience in this arena, and will provide you with the necessary information, details and recommendations to reach a settlement or payout from the perpetrator of medical malpractice.

You should search for someone who is experienced, credentials and affordable.

During your initial consultation, he will provide you with information that you can use to determine if you will be moving forward with a claim. Essentially, he will determine if you have a case or if you should avoid submitting a lawsuit.

Today, the most common types of medical malpractice are failure to diagnose, surgical errors, defective products, child birth mistakes and prescribing the wrong prescription drugs. These cases are found all over the world, and no matter how seasoned the medical professional is, these mistakes can occur at anytime, at any place and by anybody.

You may be hesitant about proceeding with a case, but a medical malpractice claim may be the best course of action not only for your situation but to prevent it from happening ever again.

A medical malpractice lawyer is your first line of defense.

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