Feb 4, 2019

7 processes to take after you discovered a medical negligence

Medical negligence  is not always apparent. It may take days or even months before issues related to medical negligence to manifest themselves. Because medical professionals are expected to complete their duties with great care, there may be remedies available when a medical provider failed to do so.
Following are 7 suggested processes and tips to take after you have discovered medical negligence.

1. Contact a medical negligence lawyer
As soon as possible after you suspect medical negligence, you should contact a medical negligence lawyer. What could be considered medical negligence depends on several factors, so it is important to consult with a medical negligence lawyer to see if your situation qualifies. A medical negligence lawyer can provide you with legal advice that is specific to your situation. They will help you understand what remedies are available under the law to your situation. By consulting with an experience medical negligence lawyer, you will better understand your options. A lawyer can provide legal representation for you in a claim and assist with helping you gather and present the necessary information.

If the insurance provider is not willing to adequately compensate you for your injuries, then a medical negligence lawyer can pursue your claim through the court and litigation process. During the litigation process, a medical negligence attorney will argue and advocate on your behalf for an amount that will address all of the injuries and damages you sustained as a result of the negligence.

2. Document everything
To be successful in a medical negligence claim, you must have documentation and information to support your claim. Once you discover suspected medical negligence, request copies of all of your medical records. Document the issues you are experiencing through journals, photographs, video recordings and other methods. 

A medical negligence attorney can assist with these efforts by providing you with specific advice about what needs to be documented. A lawyer can also help you obtain existing documents through records requests and subpoenas.

3. Seek out follow up medical care
When you begin experiencing adverse symptoms that suggest medical negligence, seek out treatment from a different provider as soon as possible. The medical provider can assess your symptoms to help discover the source of the problem. They will help you address the issues you are experiencing. This followup medical treatment may prove to be useful in a medical negligence claim, as the medical professional can provider their opinion about what went wrong.

A medical negligence lawyer can help identify providers that can assess your condition and provide opinions about whether medical negligence from your other providers can be shown.

4. Compile a list of witnesses
To make a medical negligence claim more efficient, you should compile a list of any persons who may be a witness to the facts relevant to your claim. This may include doctors, nurses, technicians, friends and family. To identify the medical professionals involved in the treatment, you may have to review medical records that identify those persons.

Because the claim process can be lengthy in some cases, it is important to maintain current contact information for as many witnesses as possible. Also, you should update the list with any new persons who could attest to relevant facts as the case progresses.

5. Gather your expense information
Because a medical negligence claim will require you to set forth your damages, you will need to gather invoices and other supporting documentation to prove the expenses related to your injuries. This may include medical bills, wage information, fuel expenses, business information, and other expenses or losses that arose from the medical negligence.

Some of the expenses related to the accident are not always apparent. A medical negligence lawyer will help you identify your expenses to ensure that you have complete information. A lawyer can also help you obtain information about expenses that may not be easy to receive.

6. Make a demand
To begin the medical negligence claim process, you will need to make a demand on the medical provider and their insurer. A medical negligence attorney can help prepare a formal demand that will set forth the amount you are requesting and the information supporting the claim. A attorney can also negotiate with insurance providers to try and reach an agreement on an amount that will adequately compensate you for your injuries.

Insurance providers are often difficult to work with and they seek to minimize the amount that is paid. Because of this, you will want to work with a medical negligence lawyer who understands their tactics and can hold the insurance responsible.

7. Take care of your health
After you sustain injuries as a result of medical negligence, it is important that you take care of your body. This is important not only for your health, but to better ensure that your claim is successful. If it is determined that your own conduct or omissions contributed to your condition, then the amount of your claim could be reduced or even denied. You should comply with all recommended treatment, prescriptions, therapy and appointments recommended by your medical providers.

If you or a loved one believes you have sustained injuries and damages as a result of medical negligence, then contact a medical negligence lawyer from our firm to schedule a consultation. We strive to help you understand your options and how the law provides remedies in certain situations. If we represent you in a medical negligence claim, then we will strongly advocate for you to achieve a fair result. Visit murphys-law.com.au/medical-negligence-lawyer-brisbane/ to learn more.

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