Medical science has emerged as a boon to humankind and has made one’s life more secure. However, it is still unfortunate that nothing is guaranteed. Owing to man’s negligence on the medical front can turn the situation in the opposite direction and result in more harm than good. In case of such unwarranted circumstances, one is left with a lot of trauma and may have to undergo further medical care, which requires time and money. Thankfully, provision for medical negligence claims can be of some help in such a scenario.
Even though filing a medical negligence claim can be confusing, a lawyer has the expertise to assist you during this process. Seeking professional legal advice from experts like LawAdvice.com.au can help you ease your stress and get clarity and justice. When you file a medical negligence claim, you need to prove that your surgeon or doctor was negligent and a causal link between this negligence and your injury/illness.
Furthermore, keep in mind that if multiple parties are responsible for your injuries (e.g., hospital and surgeons), you will need to file multiple claims against them separately. Here’s how seeking professional legal assistance can help you through the process.
Why Hire an Attorney
Hiring an attorney specialising in medical malpractice can help reduce the time it takes to gather evidence and documents for your case. Also, lawyers who specialise in this area have extensive connections with experts – such as doctors and nurses who can be called upon to provide expert opinion in favour of your case.
An attorney will also be able to assist you if your claim is rejected by the medical board and help you file an appeal or plan a strategy for moving forward with negotiations or litigation.
Lastly, filing a medical malpractice claim alone is hard – an experienced attorney has handled similar cases before and knows what needs to be done and how much time it would take (which reduces the chances of delays). If you need further assistance after settlement, they can represent you during mediation as well.
How Do Lawyers Help?
Your lawyer will help you collect required evidence and prove that your surgeon or doctor was negligent. As the burden of proof falls upon you (the patient), they can assist you in preparing for hearings, depositions, trials, etc.
An experienced lawyer knows what damages are recoverable under the law for different types of medical malpractice, e.g., anesthesia error vs. wrong-site surgery, etc., so they can help maximise your recovery amount.
What Can You Do When You Sustain An Injury?
1) Keep a journal
Keeping track of all relevant information throughout this process is important. Hence, jot down details such as the time and date of the incident(s), names of all the staff members present, your surgeon’s name, etc. Also, keep track of any expenses you have incurred due to this injury (e.g., medical bills).
2) Report the Incident
If you have suffered an injury or a loved one died without proper care/treatment, you should immediately report it to the hospital. They should inform local authorities as well so that further action can be taken.
3) Take Pictures
Always take pictures during treatment and after, especially before any surgeries are performed. This will help substantiate your claim later on.
4) Choose Wisely
Once you choose a lawyer, check their background thoroughly – read reviews about them online, ask for free case evaluation from different law firms (to compare cost vs. service) and then make your decision.
Remember that the outcome of your case depends on how much effort you put into it, so choose someone who will be able to work with you each step of the way.
5) Ask Questions
If you feel that your lawyer isn’t giving you the attention you deserve, ask questions – what kind of evidence is essential to prove negligence? How long will it take for me to receive my settlement amount? What happens if I do not receive any compensation?
6) Get Your Money
Remember to sign agreements/settlement papers if you are fully aware of each detail regarding your case and all financial aspects (e.g., how much money you owe in medical expenses). Also, avoid signing documents at hospitals or during surgeries as this can be considered fraud later.
The outcome of negligence claims usually takes years, so focus on living your life. If you would like to talk about what happened, seek legal help from a professional today!