Four Essential Facts to Know After an Incident of Medical Negligence

By on July 11, 2016
Four Essential Facts to Know After an Incident of Medical Negligence

By Dr. Aaranson –

Visits to the doctor increase with the same regularity as the number of candles on our birthday cakes, or so it seems! Whether dealing with pains or treating a disease, we place an enormous amount of trust in our doctors. We leave our health and well-being in their hands.

If you’ve taken up the responsibility of caring for an older relative, then it’s their health you entrust, too. When that trust breaks, and an injury results from an error or negligence, it’s upsetting. This complicated situation also has some legal remedies. However, it’s important first to understand a few things. In the wake of an incident of medical negligence suffered by you or a loved one in your care, keep this in mind.

What you should know:

  1. You have rights. A pre-treatment consent form or waiver does not excuse medical negligence. When concerned that you or a loved one suffered as a result of improper care, the law provides options for you. However, it is important to get in touch with a personal injury attorney who understands those legal options. There are statutes of limitations which govern how much time exists for you to file a claim of negligence. Work towards a claim instead of giving in to the desire to lash out. It’s very upsetting when a doctor doesn’t render appropriate care. However, remaining calm and exploring legal recourse is the better choice. Exercising your rights has a higher chance of leading to a remedy and it also holds responsible those who were negligent. Learn about your rights and keep them in mind.
  2. You have resources. When it’s your family versus the medical establishment, it’s easy to feel small and powerless. However, dedicated advocates for injured patients are out there to help you stand up for yourself or your loved one. These lawyers can assist you through every step of the process. They’ll fight hard for you to make sure you see not only your day in court, but also a favorable outcome. No one should have to suffer through medical negligence, and it’s important to hold accountable those responsible. If you want to hold someone responsible for medical negligence, there are some steps you must take as well.
  3. You must document everything. Proving a claim of medical negligence requires meeting a substantial burden of proof. That burden is on the claimant, that is, you or the person under your care. While your personal injury lawyer will supply expert testimony, documenting what happened is important. When seeking care, always retain records about who gave care and, and why. Request documentation when you visit another physician to confirm the negligence as well. This “second opinion” will assist your lawyer in building your case. If and when it goes to trial, a paper trail backing you up is always an invaluable asset to have.
  4. You can get through this. Enduring negligence litigation is never fun for anyone. Even your lawyer understands the stress the process places upon victims. Therefore, try to avoid becoming wrapped up in everything. Remember to take time for self-care. Spend time doing relaxing activities and don’t focus on your legal matters all day long. There are support resources out there for those who need additional help coping. Remember, with an advocate on your side; your case is in good hands. Maneuvering the complexities of the courtroom isn’t your burden. Just fulfill your role as asked and work towards a return to living your life as normally as you did before.

It’s an unfortunate fact that many people suffer from negligence at the hands of medical professionals each year. Far too many individuals feel as though they simply have no choice but to endure the mistake. Keep these four facts in mind and you can face the process without so much anxiety. We all deserve a high standard of care. Those who do not provide such a standard can be sanctioned under the law. If your family is facing this situation, contact a lawyer. Otherwise, simply remember the options that exist. No one should have to feel alone when faced with medical problems.

For more about the facts and statistics surrounding medical negligence suits, please visit:

Dr. Aaranson is a board-certified podiatrist / foot and ankle surgeon specializing in comprehensive care of the foot and ankle with particular interests in diabetic foot and wound care and in pediatric foot care.

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Four Essential Facts to Know After an Incident of Medical Negligence