3 Steps You Should Take to Help You Win Your Medical Malpractice Case

by Jeff M. Writer

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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Created on May 4th 2019 12:31. Viewed 765 times.

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