These days, it seems that everyone is suing everyone else, but not all lawsuits are frivolous. If you believe that your physician engaged in medical malpractice, you have every right to sue him for the damages incurred. Of course, you’ll still need to be able to prove medical malpractice in order to convince a judge or jury, and this requires an understanding of the law. Hiring a competent attorney is a step in the right direction, but until then, here are a few tips.
1- Save Medical Records
As the patient, you have the right to view, copy and retain your medical records for your own purposes, even though nobody else can. If you think you’ll need to prove medical malpractice for a lawsuit, it is in your best interests to obtain copies of your medical records-or at least those that pertain to this particular case. This will keep your physician from altering records once he hears that you’ll be filing a lawsuit in the near future.
2- Retain All Receipts
In addition to your medical records, you will also need receipts for services rendered to prove medical malpractice for a lawsuit. Your insurance company will have records of whatever claims they have paid, but you should also have copies to bring before the court. They should list the type of procedure performed, the date, the cost of the procedure(s) and what type of payment was accepted. You can contact your physician to get these receipts if you don’t have them.
3- Keep Quiet
One of the biggest mistakes you can make during a malpractice lawsuit is to talk to anyone-friends, family, the press, other doctors-but your attorney. Keep your mouth shut until the entire lawsuit has been successfully litigated, at which point you can feel free to shout your story from the rooftops. In talking about the case, you might inadvertently give the defense ammunition to use against you, which would defeat the entire purpose of your lawsuit.
4- Find an Expert
In order to prove medical malpractice for a lawsuit, you will need to establish that the procedure or technique your physician used was negligent or in direct opposition to what a normal doctor of sound mind would have chosen. To do this, an expert witness is required-a physician of excellent repute who is qualified to testify on matters similar to your case. Your attorney should be able to recommend an expert who will fit the bill, or you can conduct your own search.
5- Save Evidence
In addition to all of the above, you need evidence to prove medical malpractice for a lawsuit. You must be able to show the judge or jury that you sustained damages as a result of the physicians actions, whether directly or indirectly. For example, if you suffered a major infection because of a mistake during surgery, you’ll need to show your medical records from other doctors who diagnosed your condition, as well as photographs or x-rays or tests that substantiate your claim.
