There are certain things you need to
be aware of when considering a medical malpractice case. Occasionally
you will find that rare medical provider who will tell you a mistake has
been made. These are among the most competent people in the business.
because someone admits to making a medical mistake doesn't mean that you
have a medical malpractice claim that you can prove in court. You must also
prove that the malpractice caused some injury or damage to the patient.
This is where most cases fail.
because you overhear some suspicious conversation or you feel that you have
been mistreated, or the result of your medical treatment does not meet with
your expectations, also does not mean that there is medical malpractice.
important thing you can do is to save all prescription bottles, and order a
complete set of your medical records immediately. Do not let the hospital
that caused the injury also do an autopsy.
If there is
a death, an autopsy is essential if you wish to prove a case. Don't avoid
doing an autopsy because the funeral director or family members do not wish
to disturb the remains. If you fail to do an autopsy, you may loose
important evidence of malpractice.
addresses of witnesses are important because they will have to be found
discuss your case with anyone because what you say can be used against you
as a legal admission. It is important that an attorney be involved as soon
as possible because many of these decisions will have to be made by him.
medical providers feel that you are a victim of negligence caused by them,
they may refuse further treatment. It is not unusual for important records
to be altered or disappear. If you feel that you have been a victim of
malpractice, you should seek a new and independent medical provider. If you
relate to the new provider that you are considering suit, please remember
that he will record this fact as part of your history, and the history will
be evidence in your case.
negligence in a medical malpractice case is like looking for a needle in a
haystack with critical evidence not being discovered until long after the
suit has been filed and depositions are taken. Thus, it is impossible to
know what really happened in a case until the pretrial discovery process is
completed and the experts render their opinions.