In their pursuit of good health, many patients end up falling victim to the negligence or misdoings of medical professionals and healthcare personnel. When this happens and the patient ends up getting injured, it is termed medical malpractice.

Medical malpractice injuries step out of various situations, including medical negligence, misdiagnosis, surgical operations that went wrong, bad prescriptions, and wrong treatment approaches. If you believe that your injuries resulted from medical negligence or malpractice, the law has a system to get you compensated for your pain, suffering, and financial loss. However, whether or not you get compensated, and how much you received will largely depend on the steps you take after discovering your injuries. In this piece, we will cover a few things you need to do when involved in medical malpractice.

1. Contact an Attorney

Unlike all other personal injury claims, medical malpractice is usually very complex. You will need an experienced medical malpractice attorney if you are going to win the case and get the compensation you deserve. An experienced lawyer will help fight for your rights in or out of court as you focus on your physical and emotional recovery. They will help you to get back on your feet financially as they recover the various damages you might have suffered as a result of the medical injury.

At all costs, do not attempt to represent yourself. This is because doctors and other healthcare professionals know what is at stake and will therefore get the strongest defense they can find. The chances of winning the case when representing yourself thus become very narrow. Have time with your lawyer days before filing the claim so you can explain the situation to the lawyer and so that they have time to gather enough evidence that will guarantee you court victory. Provide them with the necessary documents early enough, so they have time to go through and come up with facts to use in court.

2. Avoid Engaging the Defendant

It is wise to avoid making contact with the other party. Avoid posting about your condition or the case on your social media handles. When the defendant is aware of the claim, they can easily find ways to discredit your evidence, thus reducing your victory chances. If you need to make contact with them, let your lawyer be present.

3. Find Another Doctor

Regardless of how furious you might get when you realize you are a victim of medical malpractice, you need to prioritize your health. When your doctor makes an error in diagnosing or treating you, it is wise to seek the help of another doctor ASAP. This ensures that you are okay since the malpractice will be corrected. The doctor will look at the records and perform their own tests before addressing your situation. He will then focus on rectifying the mistakes made by the first doctor.

Any complications will first be treated, and then you will be offered the right treatment. If the issue was a wrong diagnosis, the second doctor will run tests and recommend or administer the appropriate treatment. The second doctor could also serve as a witness in your case, testifying that, indeed, the first doctor had made an error.

4. Ask for Medical Records

Medical malpractice cases usually end up in court at some point, especially if out-of-court negotiations stall. If you are going to win such a case, you need to make sure you have all the evidence you need. Proving your claim in this context requires you to have the right medical records, among other documents. You need to have the records from the two doctors. The record will have information on the symptoms you were having initially, your medical history, the tests you underwent, the treatment administered, and any prescribed medication.

Every doctor should take a look at your medical history to make sure they are treating you for the right illness. If, for example, you visit a hospital with chest pain and the doctor diagnoses you with anxiety while you were actually having a heart attack – which they would have easily known by checking your medical history – then they can be termed as negligent. The medical record will easily show that. Therefore, before filing for a medical malpractice claim, make sure you have medical records without any attempt of changing the information.

5. Keep a Journal

Right from the moment you realize you are a victim of medical malpractice, keep a journal, writing down notes on your health. Have vivid descriptions of how you feel because of the malpractice. It is also advisable to note down how the errors have impacted your life. If you undergo any treatment, make sure to note it down as well. To make your claim stronger, it’s good to make daily notes on how you are feeling so the court gets an account of all that you have endured as a result of the medical mistake. The more detailed your journal is, the greater your chances of winning.

6. File Your Claim

One of the reasons you will need a lawyer is because they know how to file the claim. Filing your claim on your own can easily be used to discredit it. You, therefore, need to make maximum use of your lawyer. The defendant will be notified of the claim, and they may attempt to make contact to negotiate. You need to be careful here since your utterances could easily be twisted and used in court against you, in addition, the statute of limitations is also a crucial matter to observe. Ensure the claim is filed in time, as there is a time frame in which the claim should be forwarded to court. Your lawyer will probably know this, but it makes sense to follow up.

Medical malpractice is the last thing anyone would want to become a victim of. However, it can happen to anyone, and when it does, the patients are better poised if they know what to do. The above piece should guide you through the process if you or someone you know has been involved in a medical malpractice case.