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What to Do When You Think You’ve Been a Victim of Medical Malpractice

Getting medical care or a prescription is supposed to make you feel better. However, after your visit to the hospital, doctor or pharmacy, you feel worse. Something terrible has happened, and you suspect you have been the victim of medical malpractice. What should you do? How is one supposed to act when they are faced with such a dilemma?

Define Medical Malpractice

First, you must understand what medical malpractice is and what it isn’t. The legal definition of malpractice is an error that occurs in administering or prescribing medication. It can also be problems that arise during surgery from negligence. It’s hard to understand the rubric of medical malpractice, but reasonable care must be shown to the patient before during and after treatment. Some laws protect you when your rights are violated. Here are some things you must do to protect your interests.

Get a Second Opinion

Getting a second opinion in the medical field is commonplace. Now, remember, you don’t want a new doctor bashing a previous doctor. Medical practitioners often stick together and don’t want to say or do anything against another. However, they must treat your medical issues and state what caused it. The official report will become imperative should you need to seek compensation.

Gather All Your Paperwork

At some point, you are going to need legal representation if you indeed are a victim. Gather all the documentation you have. You need X-rays, CT scans, MRI, and blood work. Anything that could be persuasive to the court should be acquired. You want to put together a packet that proves your case.

Get Legal Help

Medical malpractice cases are very complicated. While you may be going after the hospital or staff members, there is always an insurance company that handles the payments. The insurance company can be challenging to deal with. You need a personal injury lawyer who is skilled and can represent you accordingly. Also, most personal injury lawyers who handle these cases work on a contingency basis, which means you don’t have to pay for anything unless you win.

Many people feel that because they were wronged that they have a legal case against that person or agency. The problem is that the burden of proof is on your shoulders. Not every issue that occurs with a doctor or a prescription is grounds for a lawsuit. Only an attorney can tell you if there are sufficient grounds to take this matter to court.

Author Info: Rachelle Wilber is a freelance writer living in the San Diego, California area. She graduated from San Diego State University with her Bachelor’s Degree in Journalism and Media Studies. She tries to find an interest in all topics and themes, which prompts her writing. When she isn’t on her porch writing in the sun, you can find her shopping, at the beach, or at the gym. Follow her on Twitter and Facebook: @RachelleWilber.

Bob Kraft

I am a Dallas, Texas lawyer who has had the privilege of helping thousands of clients since 1971 in the areas of Personal Injury law and Social Security Disability.

About This Blog

The title of this blog reflects my attitude toward those government agencies and insurance companies that routinely mistreat injured or disabled people. As a Dallas, Texas lawyer, I've spent more than 45 years trying to help those poor folk, and I have been frustrated daily by the actions of the people on the other side of their claims. (Sorry if I offended you...)

If you find this type of information interesting or helpful, please visit my law firm's main website at You will find many more articles and links. Thank you for your time.

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