No one wants to find out they’ve been a victim of malpractice. It’s easy to feel betrayed and used by a professional who you trusted with your life. Studies estimate around 70,000 people experience completely preventable injuries each year as a result of malpractice. This blog post will help you fully understand malpractice and how to make it through a malpractice case.
1. What Is Medical Malpractice?
Malpractice is defined as being injured or contracting a serious illness from something your doctor does incorrectly. Extreme cases of malpractice include instruments being left in people’s bodies after surgery and more common cases are issues such as providing negligent care.
If you feel you’ve been discriminated against based on your marital status, mental disability, race or gender, then you may be a victim of malpractice. Doctors are not allowed to refuse service based on discriminatory reasons. Doctors can recommend you to other professionals if they feel they can’t adequately handle your case. However, if you’ve been discriminated against you may have been a victim of malpractice.
Another type of malpractice comes from the doctor failing to obtain your consent. Doctors don’t need to tell you about every small detail of the procedure, but they need to discuss potential outcomes and possible risks. If a physician doesn’t tell you about a risk from a treatment and it causes you illness or injury, you can sue for malpractice.
2. Prepare Yourself For A Long Battle
Doctors in Canada are protected by the Canadian Medical Protective Association (CMPS) so filing a malpractice suit won’t be an easy task. During the process, patience will be your best friend. Going through a malpractice is long and arduous and requires you to stay calm and focused on the end result.
Consulting with a quality health lawyer will help increase your chances of winning your case. A health lawyer will get a full understanding of your case and guide you on the best way to proceed. They’ll help you file relevant documentation and follow regulations that are much too much to handle on your own. Your health attorney will help you make a reasonable request and increase your chances of getting a settlement.
3. Consult With Other Medical Experts
Having a medical experts vouch for your claims goes a long way in winning your case. The CMPA has a team of medical experts that know the in’s and out’s of physiology, and they use this knowledge to protect doctors from fraudulent cases. Having a medical expert on your team will help you clearly explain your version of the events and
4. Leave No Room For Doubt
It’s also a good idea to get third and even fourth opinions from different doctors. The more medical statements you have verifying your claims, the better chance you’ll have at winning your case. Your health lawyer can introduce you to the top medical expert in your area who can defend you in court by providing expert statements.
5. Be Meticulous With Your Documents & Save Everything
Gathering evidence gives you the best chance to win a malpractice suit. During your time going through the suit, document and save absolutely everything. The more proof you have, the easier it is to demonstrate beyond a doubt that your injury could have been circumvented if the doctor hadn’t been negligent. Keep even seemingly useless pieces of documentation. Photographs, discharge forms, and prescriptions – absolutely everything counts.
Getting a quality health lawyer is the first step for preparing yourself to win your case. If you can bring documentation and statements from experts that back up your claims, you’ll have a good chance at winning. A health lawyer will help you deal with all the necessary paperwork and assist you in crafting a winning case. Remember to stay patient and focused, as malpractices cases tend to take a long time to resolve.