“During the course of my medical treatment, I went from believing the medical profession were going to cure me to the reality that they were probably going to kill me.” – Steven Magee
Have you had a medical procedure that went horribly wrong? If so, is there any legal recourse? Or, how do you pay for the consequent surgeries to repair the damage caused by the first procedure?
Unfortunately, as the quotation highlighted above by Steven Magee notes, there are medical professionals who, for various reasons, whether intentionally or unintentionally, make mistakes when treating patients. However, this fact is unacceptable as, very often, people’s lives are at stake. Thus, the US federal government has put measures into place to ensure that doctors who are legitimately guilty of medical malpractice the consequences of their actions and are banned from treating patients for a predefined time.
Secondly, it is equally important to note that the questions asked above are valid and deserve a considered answer.
Medical malpractice: A definition
However, before we answer these questions, let’s look at a comprehensive definition of medical malpractice as this will provide the foundation on which to formulate valid answers to these questions.
According to apbla.org, “medical malpractice occurs when a hospital, doctor or other health care professional, through a negligent act or omission, causes an injury to a patient.”
Additionally, it is vital to note that this negligence could be a consequence of errors in diagnosis and treatment from start to finish.
Finding help when you have been badly treated by a medical specialist
Now that we understand what medical malpractice is, the next topic to consider is how to recover from the trauma of being a victim of medical malpractice.Thus, here is the single most important tip to help you survive this ordeal:
Consult with a medical malpractice legal expert
The personal injury or Tort law has made provision for the financial restitution to a victim of negligent medical care.
And, to claim this restitution, you need to file a personal injury claim in the civil court. Because of the intricacies of the Tort law, it is vital to employ a Miami medical malpractice attorney to fill out the application forms and file the claim on your behalf.
Most personal injury claims do not go to court; thus, attorneys need to specialize in the negotiation of a settlement between all the parties. The lawsuit application will only be brought in front of a judge should no agreement be reached.
It is also vital to note that the burden of proof is on the plaintiff. In other words, the victim has to prove that the medical specialist was negligent. This can usually be determined by the submission of medical reports such as x-rays, scans, and a written statement from the attending doctor.
However, it is sometimes not easy to prove deliberate or unintentional negligence. Therefore, this statement provides the raison d’etre for hiring a legal expert to manage your personal injury claim from start to finish.