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Medical Negligence Claims: Everything You Need To Know

6 Steps To Making A Medical Negligence Claim

Medical Negligence Claims We go to the hospital in the hope of getting better. And there is nothing worse than when your medical treatment goes wrong.

Medical negligence can have such serious consequences on both your health and the rest of your life.

You might have to stop working because of it or you might be in a worse physical state than when you entered the hospital in the first place. Sadly, some people die because of medical negligence or medical malpractice.

Today, we are going to talk you through the six things you need to do to make a medical negligence claim in court.

Step 1 - Take Photographic Evidence Of Everything You Can

As soon as you or someone in your family starts to suspect medical negligence is happening - make sure that you start to take photos of everything you can.

Take photos of the treatments you are receiving, the medication you are being given, and the conditions that you are staying in - you never know what will become a crucial part of your case later down the road.

If you are worried about the treatment you are receiving, invite someone close to you to come in and be a witness to it all. They can give testimony for you when you get to court.

Step 2 - Change Your Medical Provider And Finish Your Treatment

If you can, get yourself moved to a different hospital.

However, we understand that this is not possible in most cases. So, you should ask the person responsible for the medical negligence to no longer be involved in your treatment.

It is likely that if medical negligence has occurred the hospital will be more than willing to make this happen, unlike medical errors.

After this talk to the new profession about the best plan for your recovery and take the time to look after yourself and rest.

Throughout this process, you need to put yourself and your health first.

Medical Negligence Claims Step 3 - Hire A Lawyer

Once you are well enough to start putting your case together you will want to hire a lawyer.

You will want to hire a law firm that specializes in medical cases or preferably medical negligence cases - like

You are more likely to win your case if you have a lawyer. You will walk away with more money on average. And it is more likely that the medical body or hospital will settle out of court if you hire a good lawyer.

They will be able to help you put a case together and will handle filing your claims.

Step 4 - Prepare Your Case

Now, you will want to listen to the evidence your lawyer thinks you need to collect. They will be able to tell you what evidence has won other medical negligence cases in your state. They should also look into whether the professional has had claims made against them before.

You will need to gather witnesses and evidence that proves you were the victim of medical negligence.

There will likely be other professionals in the hospital that will support your claim if they witnessed what happened to you.

The photos you took earlier will come in handy during this step.

Step 5 - Mentally Prepare For Court

Before you go to court, you should take some time to talk to your lawyer about what you should expect.

Going to court can be a traumatic experience for the victim. You will be asked to relive your experience and you should expect the defense attorney to try and pick apart your story as well as question your character.

Ask your lawyer to help you prepare for this mentally. If you have a good idea about the questions you will be asked, you will find them less shocking and emotive when you are giving evidence.

Step 6 - Make Your Case

Finally, it is time to go to court.

It is worth noting that a lot of hospitals try to settle cases before they get to court. This would mean that you get your compensation, but it might lead to the medical professional who was responsible for the negligence not getting fully reprimanded.

If they offer to settle out of court, talk to your lawyer before you make any decision. They might be trying to lowball you with their offer.

Once you get to court, it will be down to your lawyer to use the evidence you have collected together to prove that you are a victim of medical negligence and that someone else owes you compensation.

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Any facts, figures or references stated here are made by the author & don't reflect the endorsement of iU at all times unless otherwise drafted by official staff at iU. This article was first published here on 5th May 2022.

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