Hospitals, nurses, doctors, and other medical staff are there to help us with all kinds of different medical problems and even severe injuries. They are the ones that can return our health back to normal. Unfortunately, that is not always the case. Sometimes, because of certain reasons, medical negligence does happen. And when that happens, the patient might be injured or their medical situation might get worse. Naturally, if you are a patient that has endured such bad treatment from doctors or nurses, you should consider making a claim.
However, hospitals are very powerful institutions. They have a lot of money, they have the right lawyers and they will do everything in their power to protect their medical staff. Because without protection, everyone would try to scam the doctors and nurses out of their money. But, this time around, the medical negligence is real which means that you will need a little bit of help to ensure that you make the right claim and that you when it.
Since this is a very difficult process, I decided to write this guide for 2023 and help everyone that wants to make such a claim.
Should I make a medical negligence claim?
Before you do anything, you will first need to ask yourself whether there really is a reason for you to make a claim against a hospital that has wronged you.
Well, the answer to this question heavily depends on what has happened to you. If it is some minor injury or complication, maybe you should not risk your time and your money to try and get compensation. The money you get at the end may not be worth it and you will not be able to get that time back in your life. So, maybe it is just best to forget the doctor’s wrongdoing and continue with your life.
However, if something medically serious has happened to you because of some complication, you should definitely consider making a claim. An injury or a medical complication can take up a lot of your time, your money and it will be stressful. For this, you deserve to be compensated enough to cover all of the costs you may experience in the future.
This is why I encourage everyone who has suffered from medical negligence to ask for reimbursement.
Keep in mind, this is a very complicated legal process that will require help from an experienced lawyer and a lot of your free time as suggested by msb.law. I would not recommend going at this alone because as I said previously, hospitals are equipped with very skilled lawyers that will fight against your claim. A lawyer will make things a lot easier for you.
Start collecting evidence
Once you have finally decided that you are going to make that claim against the hospital, the first thing you will need to do is to start collecting evidence that will prove your case.
However, if you want to do this as efficiently as possible, I suggest that you do not mention anything to the medical staff about what your plan is. Instead, you should first ask to get all of the medical records that they have of you. Otherwise, if the medical staff finds out that you are building a case against them, they will do everything in their power to keep your records and maybe even alter them.
Once you get all of those records and paperwork ready, I advise you to make several copies and maybe upload them to cloud storage.
Another valuable piece of evidence that you could collect is by speaking with witnesses. It does not matter whether it is a random person or a family member, they can be a witness to what has happened to you. You could even talk to a nurse or doctor and write that information down.
Later, you could use that information they provided you against them.
With all of this evidence you have gathered, you will be able to prove the harm that has been done to you. And with that evidence, you can go to your lawyer and see what they can do for you.
It is best to do this evidence collection process by yourself so that the staff in the hospital does not assume that anything is wrong.
Listen to your lawyer
A lawyer that has the experience of dealing with medical negligence will know what to do every step of this entire process. Do not try to speed things up to get your money as quickly as possible. You should listen to your lawyer at all times and see what they have to say about all of this. A lawyer will be able to make your claim into a reality and the compensation that you deserve.
Will I get compensated?
After wasting so much time to collect evidence and do everything else, you are probably wondering whether you will be compensated. Well, there is no exact answer to this question. Neither you nor the lawyer will know the outcome of this case. All that is left is for you to wait and see what happens in the next couple of weeks or maybe even months.
How much will I get compensated?
Again, this heavily depends on the harm that has been done to you. But, there are a lot of things that can be accounted for when calculating the compensation. Your loss of earnings, the stress, the treatment of your injuries, and every other expense that you have to deal with because of said injury, can be implemented in the reimbursement.
In other words, it can be anything from several thousand dollars and up to hundreds of thousands of dollars. The best way to get some type of a prediction of the reimbursement that you are going to get is by asking your lawyer. With their experience in this part of the law, they probably have a good idea of how big or small the compensation will be.
Make sure you follow this guide, take things slow, talk with your lawyer and I am sure that your medical negligence claim will be approved.