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What to Do if You Suffer From Medical Malpractice

Every year, medical mistakes claim approximately 250,000 to 440,000 lives in the United States. As a result, medical mistakes are the third greatest cause of mortality in the United States. This demonstrates that the U.S. healthcare system is riddled with medical errors. If you or a family member has been the victim of medical malpractice, it is critical that you understand your legal options. If you feel your doctor has made a mistake, take the following measures immediately.

Obtain a Second Opinion

A medical evaluation by another doctor is the best approach to establish if you have a significant injury. They can tell you what is going on and whether you’ve suffered new injuries as a result of the negligence. If you seek medical attention from a new doctor, they will be able to certify that your old doctor harmed you.

Keep Your Medical Records

Among the most crucial things you should do following an accident is to keep all your documents, especially those pertaining to your care. It is typically difficult for healthcare practitioners to show that you experienced damages as a result of their negligence. Keeping your health records will allow you to provide your insurance provider or obtain other documentation of physical harm. This will aid you in filing a claim for damages or a medical malpractice case.

Know Your Statutes of Limitations

Medical malpractice actions are civil proceedings, which means they must be filed within a certain timeline. Your attorney will assist you in determining if you are within the required time frame to submit your lawsuit. The statutes of limitations differ from one state to the next. The best way to find out if you’re within your window is to contact a personal injury lawyer as soon as you believe you’ve suffered medical negligence so that you may submit your claim on time.

Find Legal Counsel

When it comes to managing a medical malpractice action, your personal injury lawyer will be your best bet. The right personal injury lawyer stays current on all laws, statutes, and intricacies of personal injury law. With the assistance of a medical negligence attorney, you can obtain reasonable compensation for all injuries caused by your healthcare provider. They argue on your side by providing all the facts, demonstrating the extent of damages you sustained, and negotiating compensation on your behalf.

Notify The Liable Medical Provider

Aside from getting legal representation, you must also notify the liable party of your complaint. In medical malpractice lawsuits, the liable party might be nurses, physicians, therapists, or other healthcare practitioners. While you might still be perplexed by the legal processes, don’t overlook this section. Such notices may be advantageous to you since they may trigger insurance protection and internal scrutiny.

Draft and Submit a Complaint

Your lawyer will write and submit your case in the relevant jurisdiction. After servicing your lawsuit, the healthcare practitioners will get about a month to submit an answer to your complaint in which they will contest your accusations. Following the lawsuit filing and response, discovery will commence, and your lawsuit will be ready for trial. The majority of lawsuits are settled before going to trial. However, your lawyer should handle your lawsuit with a trial in mind from the start.

Avoid Using Social Media

As with most legal matters, avoid discussing your case or complaining about the medical care provider on social media. The internet and social media are adversaries of anyone attempting to resolve a private dispute since it is so easy to say something damaging to your dispute and then have it used against you during trials or negotiations. Stay off social media until your lawsuit is resolved or you’ve received a verdict.

Seek Emotional Help

Always consult somebody who can assist you in dealing with the emotional aspects of the misconduct. You may be having to deal with some intense emotions and sentiments. This might emerge in a variety of ways. You may be tense, apprehensive, agitated, or having difficulty sleeping. A competent therapist or counseling expert may assist you in coping during this difficult time and give you understanding and insight as you proceed.

Closing Thoughts

Nobody wishes to be the victim of medical negligence, yet it does happen. If you have been the victim of medical negligence, you should contact an experienced and certified medical malpractice attorney as soon as possible. Your lawyer will be able to help you navigate the often-complicated procedure of obtaining compensation for medical negligence.

Author information: Tracie Johnson is a New Jersey native and an alum of Penn State University. Tracie is passionate about writing, reading, and living a healthy lifestyle. She feels happiest when around a campfire surrounded by friends, family, and her Dachshund named Rufus.       

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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