Negligence Claims and Liability
Medical malpractice can occur in any type of medical setting. Doctors, nurses, dentists, chiropractors, pharmacists, surgeons, and all those who assist these professionals can be held responsible for medical negligence. Proving these cases, however, can be difficult if you are not prepared.
If you believe that you are a victim of medical malpractice, there are several steps that you should take to protect your rights as an injured party. Following these suggestions and working closely with your OKC medical negligence lawyer will help you create a solid medical malpractice case.
Document Your Injury
The first thing that you will want to do is document in writing why you believe that you have been injured and the result of that injury. You will want to go into detail about the medical conditions you are suffering from as a result of that injury. You will also want to keep a journal of any corrective procedures that have been recommended or performed to correct the condition. If the injury cannot be corrected, you will also want to document this information.
It is important that you back up your claims with any information you can from medical care providers that you have seen or used. The State of Oklahoma requires that an affidavit is signed by a medical professional that states that the injury received by a medical care provider is negligence. Without this affidavit, you may not be able to pursue your case. Your documentation will help a medical care provider establish if the injury is negligence based.
Document How This Injury Has Impacted Your Life
You should keep a separate journal of how this injury has impacted your life. You want to keep a daily log of the good and the bad. Be honest and sincere. Talk about everything that has changed due to the injury.
If you cannot complete household tasks because of the injury, write it in the journal. If you have to pay for services, document it with receipts. If you cannot interact with family and friends as you did before the injury, put that in the journal as well. If you have a good day and seem to be making a recovery or met a new goal, document it. You need to create a picture of how your life has been impacted by this injury.
Follow Through On Medical Care
It is very important that you seek the appropriate medical care for your condition so that you can start recovering from your injury. The insurance company that is covering the event ill want proof that you are seeking help for the condition. Failure to treat the injury or follow medical advice can be detrimental to your case.
Always try to make it to every scheduled appointment and fill all prescriptions. Attend therapy sessions and follow through with any testing. Keep detailed notes about your doctor visits in your care journal and record the effectiveness of the treatments.
Hire An OKC Medical Negligence Lawyer
Medical negligence cases require an extensive amount of paperwork, legal filings, and negotiations with the insurance company. There are many deadlines that must be met and many legalities that must be adhered to for the case to be seen as valid. The best way to accomplish all of these legal requirements is through legal representation.
Your OKC medical malpractice attorney will be able to guide you through the claim process and make sure that you meet all of your deadlines. Your attorney will also secure medical experts on your behalf and make sure that you are receiving the care you need to recover from your injury.
Your attorney will also provide you with valuable advice and suggestions that will help your case move through the court system with ease and settle in a manner that is most beneficial to you.
Two Very Important Things To Remember About Medical Malpractice Cases
The first thing that everyone should remember about a medical malpractice case is that malpractice must be verified before the case can be started. Your injury must be reviewed by a medical professional who states that the injury is a result of negligence. Without this affidavit, the case cannot proceed.
Negligence occurs when the standard of care received by the patient is not the commonly accepted type of care for that condition or outside of the scope of accepted practices. For example, the standard of care for a broken arm would be to x-ray the arm, set the bone if necessary and then place it in a cast to heal. Any other type of treatment for this type of condition would most likely be seen as negligent because it would result in the arm not healing or healing incorrectly.
The verification process is in place to ensure that negligence did occur. Sometimes people believe that if they did not get the results they desired from treatment, it is malpractice. Malpractice only involves an injury that is the result of the type of care provided.
The second thing that everyone should know about this type of legal case is that you should limit social media use. Everything that you post on social media will be reviewed by the insurance company covering the event.
If you are posting things about your case, you may be providing them with confidential information that could impact your case. If you post that you are feeling great and going out for the evening, you are giving the insurer reason to deny your claim. Even something as simple as posting old pictures of yourself laughing or completing an activity can have ill effects on your case. The insurer does not know when those pictures were taken and will automatically assume it was a recent photo.
If you must post on social media while you have an active case, make sure that you refrain from posting anything about your case. Do not reveal any information you discuss with your attorney. Do not talk about your health, good or bad, or your treatment. Do not talk about going out or having a good time. Keep everything very simple and bland.
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Following these simple suggestions and working closely with your attorney will help you attain the best results for your medical malpractice claim.