How to Fight Back After a Preventable Medical Injury
If you’ve been the victim of a medical error with serious consequences, your experience can be deeply traumatic. Knowing that a doctor you trusted made a mistake that caused you harm can feel confusing and scary, especially when that mistake was preventable.
Although it can feel isolating, it’s important to recognize that you’re not helpless and you have rights. Whether you’re considering pursuing a lawsuit or just trying to figure out what to do next, here’s what you need to know about medical malpractice.
Medical malpractice has a specific definition
When you’ve suffered harm because of a healthcare provider’s actions (or inaction), your first move is to figure out if what happened meets the legal definition of medical malpractice.
A bad outcome doesn’t automatically qualify as malpractice. Medical malpractice occurs when a medical professional fails to meet the accepted standard of care, and that failure directly causes injury. To prove negligence, you need to prove that a competent professional in the same situation would have acted differently.
Know the standard of care
The standard of care is what a reasonably skilled provider in the same practice area would have done under similar circumstances. But that’s just the first part. According to statistics, more than half of all medical errors are preventable, but not all errors are considered negligence.
A poor result or an unexpected complication won’t automatically qualify as malpractice. Sometimes risks, including complications, are inherent in certain treatments. A provider crosses the line when they deviate from professional standards.
Get a second opinion
Once you recognize you’ve been harmed by a medical error, it’s crucial to start gathering documentation and proof. Naturally, this includes all of your medical records but it’s also a good idea to get an independent evaluation from another medical provider who can identify deviations from the standard of care. For example, they might notice diagnostic or treatment errors.
Talk to a medical malpractice attorney
An experienced medical malpractice lawyer can guide you in the right direction if you have a strong case. But if you wait too long to seek legal advice, the statute of limitations may run out so don’t wait to contact an attorney.
After a brief consultation, a lawyer will tell you if your case is strong enough to pursue. Don’t get mad if your situation doesn’t qualify as medical malpractice. It doesn’t undermine the harm you’ve experienced. In this case, you can file a report with your provider’s organization so they know what happened. It may not be the solution you were hoping for, but it’s important to put your experience on record.
If the situation feels especially wrong, consider turning your attention toward educating others to raise awareness about what happened. Your situation may not qualify for a lawsuit but it can be the catalyst for improvement and prevent others from being harmed.
Evaluate and quantify your damages
Even if your situation does qualify as medical malpractice, you’ll need to prove damages in order to win a settlement. The first place to start is by documenting your medical treatment costs following the mistake. For example, you can include bills for additional treatments, visits, consultations, prescriptions, surgeries, tests, and hospital stays. Don’t forget the cost of caregivers, home modifications, travel, and mental health support. You should also include future medical costs related to your injury.
Next, you’ll want to document expenses like lost wages and reduced earning capacity if applicable. If your injury prevents you from returning to work or performing your usual tasks, those are recoverable losses.
Finally, consider non-economic damages like pain and suffering, emotional trauma, and loss of enjoyment of life. These damages are harder to qualify for, but they do apply in some cases. A skilled medical malpractice attorney can tell you if you’re likely to qualify.
When you quantify your damages ahead of time, it’s easier for your legal team to make your case and negotiate a fair settlement on your behalf.
Reclaim your power (and lawyer up)
Dealing with a medical error that never should have happened is a major life disruption, but with the help of a medical malpractice attorney, there’s hope. You have the right to seek justice for what happened, and pursuing legal action is the best way to take back your power.
