Understanding Medical Malpractice: 5 Important Things to Know

Updated on August 24, 2019

If you feel you’ve been a victim of medical malpractice, you may wish to consider making a claim. For those who have next to no knowledge of the law, the thought of pursuing a medical negligence claim can seem incredibly daunting, however, having the right knowledge and help behind you can ensure you’re making the right decisions for your future. With that in mind, here are five important things to know about medical malpractice.

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Know the Legal Definition

Before making a claim for medical negligence, it’s crucial that you understand how the claims process works. Clinical or medical negligence occurs when a patient chooses to take their medical practitioner or hospital to court in order to gain compensation. A claimant will have to provide evidence that their care was not up to standard, so understanding the legal definitions of medical malpractice is important. 

Find Another Doctor

If you believe you’re a victim of medical malpractice, it’s understandable that you will want to find another provider for your healthcare. Whether you have had surgery that has gone wrong or you need urgent treatment, it’s crucial that you find another doctor to rectify any problems. It’s important that you find a doctor who you can trust, helping to ensure you receive the best care possible.

Request Medical Records

Once you have found another doctor, you will need to go about requesting a copy of your medical records. In medical malpractice cases, these records will play a huge part in winning your claim, so obtaining a copy sooner rather than later is strongly advised. Your medical records will outline all the tests that you’ve had to have, as well as your medical history. The information on your medical record can be used as evidence in your claim, helping to increase your chances of getting compensation.

Collect Evidence

While your medical records can act as evidence, there are other bits and pieces that you can collect which can strengthen your claim. If you feel you’ve been treated unfairly, you should consider starting a journal which will allow you to note down any changes in your health. Make sure to list the symptoms you have experienced because of your medical error, as well as explaining how the medical error has seriously impacted your day to day life. Whether you’ve had to take time off work for treatment and recovery, jotting this information down is crucial. 

Find an Attorney

Before you make a medical malpractice claim, you need to understand that cases can be incredibly complex. Getting the right person for the job to act in your defense is important, so when looking for an attorney, it’s only natural that you will want to find someone who has a wealth of experience in the field. If you are hiring a Miami medical malpractice attorney, you may want to consider using Friedman & Friedman.

If you have no experience in law, making a medical malpractice claim can feel frightening, however, being in the know about what’s involved in the process, as well as getting the right attorney to act in your defense can make the world of difference and increase your chances of gaining compensation for your troubles.

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