If you have been misdiagnosed by a doctor or hurt by a surgeon during a procedure, you could be a victim of medical malpractice. While not every mistake is caused by negligence, many mistakes are nevertheless the result of human error. Therefore, the error that resulted in your wounds may have been prevented. That means that you are entitled to compensation.
Medical negligence occurs when someone in the medical field fails to exercise adequate care resulting in the injury of the patient according to Kooi Law. For instance, failing to conduct a test that could have avoided a misdiagnosis might be considered negligent. The same could be true if a surgeon leaves an object in your body because he or she failed to account for all inventory before and after the procedure. Negligence may still occur even if a medical professional tries to make right his or her mistake.
If you believe that you are the victim of medical malpractice, it is a good idea to consult with an attorney. You generally have two years from the time that the incident happens to file a lawsuit, and an attorney may do so simply to preserve your rights. The statute of limitations may toll if you were a minor when the accident happened or there are extenuating circumstances that make it impossible to meet the deadline. Legal counsel may be able to review any settlement offer that a doctor or hospital makes in the aftermath of its negligent action. It is not uncommon for those who have been hurt because of another party’s negligence to receive an offer that is less than what they are entitled to.
Proving negligence is much easier when you have multiple documents of evidence to bolster your claim. Ideally, you will keep copies of all correspondence with a doctor, hospital or insurance company. You should also keep a record of any treatment that you received after an error occurred. This can help to verify that medical malpractice was the proximate cause for such treatment.
If you experience pain, fatigue or memory loss after a medical procedure, don’t hesitate to stand up for yourself. An attorney may be able to help you obtain compensation for medical bills, lost wages and other damages incurred because of a medical professional’s error. Compensation may be available either through a settlement or after a trial.
Author Harper Harmon is a freelance writer and blogger who focuses on business, health and other various topics. She graduated with a bachelor’s degree in communication from UCLA and currently resides in Santa Cruz with her dog, Sassy.