Medical negligence is one of the greatest concerns any patient will have, especially before they have to undergo surgery. If you or a member of your family has been injured as a result of a medical accident or malpractice, you need to consider hiring an attorney to help file a case against professional negligence. Before embarking in this rather complicated process, it is best to learn a few things about medical accidents and the applicable laws.
So, when does medical negligence apply? If you are merely not happy with the results of a medical treatment, you cannot file for medical negligence. The same applies for injuries resulting from a treatment that was not made by a certified medical professional.
However, if a medical practitioner has failed to diagnose a condition that could have been identified, or if the verdict was incorrect, this is the basis of a trial. The mistakes that happen during surgery or treatment or even refusal to treat a certain patient can also be considered medical negligence and they can be legally pursued as such. Overall, any medical mistreatment resulting in bodily or even emotional injury for a patient can be filed as negligence.
How to find the best medical accident attorney
If you have decided to file an institution or practitioner against medical malpractice, there are several things to do but the first and most important thing to remember is that time is of the essence. Many of the legal proceedings involving medical malpractice have a time limitation, so act immediately.
- Contact your attorney and first attempt to solve the issue with the hospital administration. The sooner you ask for an attorney’s assessment, the better your chances to win. An experienced lawyer will start gathering evidence of malpractice immediately and this will benefit your case. Keep in mind that many of these cases don’t get to court because they are either settled or they can get solved through mediation.
- If you don’t have your own attorney looking to represent your interests, don’t go for the first lawyer you will find in your phone book. One cannot stress enough the importance of working with a competent lawyer in case of medical malpractice. It is best to find a legal representative who is specialized in these kinds of procedures and who has had extensive experience filing and winning such cases. Proving that a medical institution or practitioner has been careless in carrying out a certain procedure or treating you according to regulations may be quite tricky.
- Choose a solicitor or a law firm’s services that will supply you with a free and no obligation consultation. Sometimes, these cases can be resolved through an open and mediated conversation with the medical representatives, so working with a lawyer on a trial basis for a free assessment of your situation may save you some money.
Don’t ever attempt to discuss the medical malpractice incident with the hospital or clinic administration reps on your own; this can only result in bad settlement.