3 Steps You Should Take to Help You Win Your Medical Malpractice Case
When you have
a medical condition and go to a doctor to get it fixed, you assume that you're
in good hands. You trust the doctor and the hospital because you believe they
are highly knowledgeable and know what they are doing.
Unfortunately,
doctors tend to make mistakes too, but they are costly mistakes that can have
serious implications for your health. If you or your loved one has been at the
receiving end of a doctor's mistake, you can be entitled to compensation,
provided you file a medical malpractice suit against the doctor and the
hospital for negligence.
That said,
winning a medical malpractice case is not easy considering that the hospitals
will do everything they can to protect their doctor and through it, their
reputation. So, here are some steps you should take to win your medical
malpractice case.
Documentation is the key
Though we tend
to rely on our memory, it could fail us at times, especially when we are under
a lot of stress. This is why it is best to document the details. Make a note of
the date and time of your appointments, the conversations you had with your
doctor, prescriptions, and just about anything else that will help you recount
the case precisely in a court of law.
If you get the
date or time wrong, you are opening a possibility for the defense lawyer or
even the judge to discount your case.
Evidence
Besides taking
notes about your appointments and conversations, it is also equally important
to back them with evidence in the form of medical records and prescriptions.
Before you
decide to file a case, make sure to request medical records from the concerned
hospital. Under HIPAA, you have the right to request for your medical records
and the hospital has to provide them to you. You don't even have to give the
reason for your request.
Also, you can request any
type of healthcare records such as
X-rays, test reports, and even general notes from your doctor. If you have been
seeing different doctors belong to multiple specialties, you can request notes
from all of them.
The hospital
has a right to charge a small fee for giving you these records, so don't be
surprised if you see a charge on your credit card. At the same time, make sure
you have all the records as the hospital has to send them all to you within 30
days from the date of your request.
There have
been instances of doctors and even hospital authorities altering the medical
records to protect themselves. So, it is best you request for records much
before you decide to file a case.
Reach out to an attorney
Armed with all evidence and
documents, you're now all set to begin a legal fight against the healthcare
provider. Reach out to an expert medical malpractice lawyer to help you
with the case.
Thus, these
are some ways to win a medical malpractice case.
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