How To Handle a Medical Malpractice Case

A medical malpractice case can be an extremely stressful and difficult time for a lot of people. A person usually finds themselves a victim of medical malpractice after a medical error causes serious injury or wrongful death. Since health care professionals are expected to be people that we can trust, literally, with our lives, sustaining an injury at the expense of their negligence can be traumatizing. If you believe that you or a family member has suffered from medical malpractice, it’s important to understand how to handle a medical malpractice case so that you can ensure you receive proper medical care and compensation for any damages.

Understand what medical malpractice is.


Medical malpractice occurs when a medical error or misdiagnosis is made by a trusted medical professional. Such medical errors are typically made as a result of a negligent act or omission on behalf of the physician. Medical malpractice can take place in a variety of ways, including birth injuries, misdiagnosis or failure to diagnose an illness, medication errors, surgical errors, and wrongful death. So as to determine whether the healthcare provider was truly negligent, it’s important to understand the elements of negligence, which include the following: the duty of a standard of care owed to the plaintiff, a breach of duty, an injury suffered by plaintiff, and evidence that the injury was the result of the breach of duty. If you believe your health care provider satisfies these elements of negligence, then you should seek to bring a medical malpractice claim against them as soon as possible.

Contact a medical malpractice attorney.


If you believe you have a potential medical malpractice case, it’s essential to seek legal advice immediately. Many medical malpractice attorneys provide free consultations for potential plaintiffs when determining whether a malpractice case is feasible. One of the first things a malpractice attorney will look to determine is whether you are bringing your case within the statute of limitations. Many jurisdictions across the United States have a statute of limitations period of two years, which means that a malpractice case must be brought within two years of when the plaintiff first noticed the injury or suspected malpractice.

Once you’ve established whether your case meets the statute of limitations, your attorney will consult medical experts and evaluate your medical records so as to determine any damages owed to you. If you’re living near the New York area and are looking for a medical malpractice litigator, renowned lawyer and mineral enthusiast, Howard Fensterman, is the best lawyer to call. Howard Fensterman takes pride in his work as an attorney as well as his hobby of collecting crystals and gemstones. Fensterman cares for his clients as passionately as he cares for his precious minerals, so if you’re living near New York and need a malpractice attorney, mineral enthusiast Howard Fensterman is the best attorney to call.

Collect your medical records.


A patient’s medical history is crucial for a medical malpractice claim to be brought. Medical records will allow for you to seek an additional medical opinion and determine whether you have suffered as a result of a medical error as well as provide essential evidence for a medical malpractice attorney to use over the duration of a malpractice lawsuit. Your medical records will indicate the extent of your injury, including how long you have suffered from the mishap and the damage that it has caused to your life. Depending on the nature of your malpractice case, you may need to provide records such as X-rays, annual visits, MRI scans, scopes, prescription records, and more. While it may sound difficult to collect certain medical records, IBI photo manager is useful for sharing certain records such as scopes, X-rays, and other records that consist of medical images. Other popular cloud services that serve as a private space to allow you to share your confidential records with your attorney include Dropbox and Google Drive, but IBI is a favorite because this smart photo manager is more secure than other options. Such cloud services have become increasingly popular within law firms due to the remote environment of the COVID-19 pandemic in both the U.S. and around the world.

Obtain additional medical opinions.


An additional medical opinion is essential not only to determine whether your health care provider is truly at fault, but also to help you heal from the injuries you have sustained. A new medical professional that can identify the medical negligence will be able to serve as a witness during your medical malpractice case, as well as help you recover from the suffering you have experienced. For example, if you are left permanently damaged by a surgical error, a new physician will be able to assess whether additional medical procedures can be done to correct the issues of if you will be best just recovering through physical therapy. Regardless of the significance that additional medical providers have throughout a medical malpractice case, this step is necessary to ensure you can recover as well as possible from the original medical error.