When a medical professional fails to provide proper care to his patients leading to deterioration of their health or death, then it’s time to file a complaint against him or her for medical negligence. To make a successful claim, one should understand when it’s the right time to charge a doctor for negligence in court and how to prove it.
Types of Negligence which are liable for Claim
- Careless treatment
- Delay in providing treatment
- Wrong prescriptions
- Working under the influence of drugs or alcohol
- Sexual misconduct
- Practising without a valid medical license
- Altering medical records/reports
To build a strong case, you must collect proper evidence that can prove whatever happened to you was substantial negligence from the doctor’s side, which led to the injury. Some of the documents needed to prove medical negligence are:
- Medical records, including X-rays and ultrasounds that show misdiagnosis.
- Photographs that show erroneous and blatantly wrong prescriptions
- Detailed statements from the claimant depicting careless treatment.
- Statements of the witness who have seen medical professionals working under the influence of drugs or alcohol
- Financial evidence showing costs you bear due to negligence of medical fraternity
- Reports from medical experts that confirm the breach of duty by the doctor and harm that you had to endure, owing to the wrong diagnosis by the doctor
Filing a complaint about the Doctor’s Negligence:
- Start the process by filing a complaint against the doctor at the state’s medical board.
- The complaint is then entered into a system for review.
- All medical records will be checked thoroughly to uncover negligence.
- If the medical board receives complaints against the same doctor, a formal investigation will start as well.
How does a Medical Negligence case go forward after the filing?
STEP 1: Initial Inquiry
Hire a team of attorneys or law firms who are experts in medical negligence cases. They will go with the initial inquiry by asking the right questions to quickly advise on your situation and provide guidance and empathy during this critical period. Visit website and find out some of the experienced attorneys who are specialized in medical negligence.
STEP 2: Case acceptance
Then the specialists will assess your case and decide whether your claim for medical negligence has a chance to be successful in court or not.
STEP 3: Go through with medical records
After the case is accepted, they will ask you to submit medical records and all the relevant documentation of the diagnosis and the treatment you received from the doctor.
STEP 4: Evaluate the medical evidence
All medical records will be evaluated and confirmed for authenticity and ascertained whether the prescribed treatment was negligence from the doctor, and contributed to worsening your condition.
STEP 5: Give an option of negotiation
Your attorney will submit the case to the defendant, and they will be given a chance to admit their negligence. On your behalf, lawyers will negotiate with the defendant for adequate compensation for restoring your health and ensure a healthy life for you, as before.
STEP 6: Compensated for your injury or pain
Your hired medical negligence lawyer will try to compensate for your pain and suffering fully. Additionally, they will also provide some financial aid for your expenses, loss of earnings, or rehabilitation costs. They will pay for all fees for the case under the regular “No Win, No Fee” agreement.
Some ways to fight for your claim
- If you can prove that the medical professional has been negligent and you were at the receiving end, then you probably still have a case against the doctor.
- You or your injury lawyer need to prove with perfect evidence that a doctor did the wrong thing and you got injured as a result. Then you can fight a medical negligence case against him on behalf of causation.
- In some circumstances, you can sue the doctor or other professional for failing to warn of significant risks involved in a procedure. You need to prove that you were not informed about the specific outcome of the process, or he told you that the threat was not insignificant. Getting copies of the doctor’s medical notes can act as evidence to file a case too.