Many people become victims of medical malpractice without knowing what to do. There are many different forms of medical malpractice and taking the time to know what they are and what to do if you think you have been a victim of malpractice is important. The following guide walks you through a few tips to use to ensure that you can be properly compensated if you have been a victim of medical malpractice.
Many people make the mistake of thinking that medical malpractice only refers to wrongful death cases or cases where surgeries are done improperly. That is not the case at all. It’s possible to be a victim of medical malpractice if your doctor failed to diagnose your illness correctly or in a sufficient amount of time. It is also considered malpractice if your doctor did not perform a surgery properly or caused injuries to your child when you were giving birth. One very common form of malpractice that people often do not realize they can be compensated for is a medical device failure. If a medical device is determined to be unsafe or have failed due to the negligence of the manufacturer, you may be able to be compensated for the hardship, pain and suffering that you had to go through.
The Statute of Limitations for Arizona's medical negligence compensation laws is two years. - Arizona State Legislature (Title 12, Article 3, Sec. 12-542)
It’s important to always go for a second opinion when you get a diagnosis. You want to be sure that both doctors agree that you need whatever treatment is suggested. If the doctors do not agree, go for an evaluation by another doctor. Be sure to keep the paperwork from each visit to a doctor so that you can prove that you were misdiagnosed by the original doctor.
If you had surgery and had complications afterward or the surgery was done improperly, it should be very easy to get documentation that shows that the surgery was not done properly from the doctor who fixes the mistakes of the original doctor.
When medical devices stop working properly, there is often a recall on them. If there has not been a recall on the device, you may need to have the doctor take X-rays and do numerous evaluations to determine that the medical device is not working properly. If the device has been recalled, you can be added to a class-action lawsuit against the manufacturer of the device.
There were more than 140,000 medical malpractice payments made during 2014 to victims of medical malpractice. It’s important that you handle the situation properly if you want to be able to be compensated as much as possible for your pain and suffering. Do not contact the insurance company for the doctor that committed the malpractice directly. It’s best to hire a medical malpractice attorney to contact the insurance company for you. This will allow you to be sure that they are able to fight for as much money as possible and that you do not accidentally agree to something that you should not agree to.
Medical malpractice cases can often take quite some time because the insurance companies want to fight to pay as little as possible when a malpractice case goes to court. It’s important to be patient and talk to your attorney often to ensure that you are kept in the loop with what is going on with your case. Once a judgment is determined, a portion of the amount that you are awarded will be given to the attorney as their fee for their services. You will then get the rest of the money to spend on your bills or anything else you want to spend it on in the future.