In the medical field, several mistakes are committed by doctors and nurses. These mistakes often lead to tragic consequences faced by patients. As such, the legal industry has made it possible for victims of such malpractice to file for compensation claims.
Some of the most common medical malpractice mistakes include:
· Misdiagnosis, failure to diagnose and delayed diagnosis
· Childbirth injuries due to negligence during delivery or pre-natal care
· Surgical errors during surgery and post-surgical errors. This may include leaving equipment in the patient’s body, lack of proper post-surgical care and negligence that results to damage of other organs.
· Anesthesia mistakes. In this case the anesthesia used might be too much, the doctors might have failed to monitor the patient’s vital signs, improper equipment was used to administer anesthesia or tubing was done improperly.
· Medication errors in terms of improper dosage, improper medicine or use of inappropriate equipment when authorizing medication.
One can file for compensation when they suffer complications and other forms of personal injury if they fall victim of any of the most common medical malpractice mistakes. They should follow some guidelines in the legal field.
Consult a lawyer
A victim should seek legal services as soon as they discover they are suffering due to a malpractice mistake. It should be done sooner than later in order to fall within the statute of limitations. This is because in some cases, the limitation of filing for a malpractice runs from the time the mistake was committed, to a certain period of time. However, some cases are more lenient and they extend the time. The lawyer will know who to sue, how to file the case and what compensation to ask for.
Proof of relation between error and complication
The first step in filing a case is proving that the malpractice actually occurred. As such, the patient should access their medical records. Medical records show prescriptions, tests done, anesthesia administered, doctor and/or nurse that attended to the patient. This information is extremely crucial since it tells the lawyer what to complain about and who to file a complaint against.
In most cases, the legal industry requires expert support on the claim made. In this case, the patient is required to visit another doctor who can find out the cause of their complications and prove that it was due to a medical malpractice. The evidence should show that the patient was owed a duty, the duty was breached, suffered injury due to a breach and has suffered financially or emotionally due to the resultant injury of malpractice.
Filing the case
With the right evidence, the lawyer can proceed to file the case on suitable grounds. The law states that the defendant must be notified about the case. If the case is approved and it goes to court, the victim may expect compensation for loss of income, pain and emotional suffering, medical expenses, death, disability, punitive damages and disfigurement. The court decides whether the case deserves compensation, the form of compensation to be paid out and the amount of compensation.
If you have suffered due to a medical malpractice, it is advisable to seek legal compensation. If the case goes in your favor, you might be able to receive compensation for your suffering.