Normally, doctors and other medical professionals take good care of patients, ensuring that you are treated in a safe, effective and professional way. However, the sad fact of the matter is that sometimes, things can go wrong in medicine and medical care, and often it is patients who bear the brunt of any mistakes.
As a patient, you naturally want to trust the medical professionals taking care of you – after all, they surely know best – but sometimes a doctor or a nurse can make a mistake, and that mistake can have a number of debilitating repercussions. Sometimes, these mistakes can even prove fatal.
Of course, it can be hard to know whether an accident has occurred because of something that couldn’t be mitigated or as a result of medical malpractice. The fact is that there are risks with every medical treatment and procedure, but usually these risks don’t become a reality.
However, if you have suffered from a serious repercussion of something going wrong during a medical treatment, an operation, tests, or even while giving birth, then you have the right to take a stand and make a formal complaint. You even have the right to sue the medical facility where you were treated.
Of course, you may be unsure about what steps you need to take in order to do this. That’s where this guide comes in: for everything that you should know about fighting back after medical negligence, have a read of the information below.
There’s plenty of professional support available
The first thing that you should know is that you aren’t alone in this; there is plenty of professional support available. So whether you’re attempting to complain and make a claim regarding your own health or your child’s health, then you won’t be alone in your battle. There are specialists trained in every area of medical malpractice lawsuits, who are able to offer plenty of support and guidance throughout the process.
For instance, say that during the process of giving birth, your baby ended up starved of oxygen due to a mistake made by one of the doctors or nurses, then you have the right to open a case and make a claim for birth asphyxia. Of course, knowing how to do so on your own can be daunting, which is where seeking professional support comes in useful.
Proof is needed
As your lawyer will tell you, in order to be able to make a successful claim, proof is required of the medical malpractice. You need to be able to show that a healthcare professional failed in their duty of care to you or your child, and, as a result of that failure, you or your child suffered. This can be related to physical or mental impact as well as financial loss.
The first step of the process is making an informal complaint and asking for your medical records. The next step is to make a formal complaint and begin legal proceedings. These proceedings must be started within three years of the incident occurring.