Tips to Avoid Becoming a Victim of Medical Malpractice

Medical malpractice claims are filed on behalf of a patient who has suffered an injury of some sort as the result of the carelessness of a physician, and all physicians have some form of medical malpractice insurance to protect themselves.  So how can you protect yourself from a negligent doctor?  First, you need to understand how a malpractice suit works.

Not every unfavorable outcome is the result of malpractice, and there are many factors to explore when identifying a potential malpractice case versus simply an unfortunate medical event.  Part of understanding what constitutes a malpractice case is understanding who is handling the case for the doctor.  This is where medical malpractice insurance comes into play.  Medical malpractice cases can be the most difficult personal injury cases to win because doctors typically have support from an insurance company with teams of lawyers trained to stamp out malpractice cases.  It is the insurance company paying the bill in the event of a suit, not the doctor.  For this reason, these cases can be lengthy and expensive.  Also, since the doctor is not the one paying the settlement, the doctor has little incentive to settle before trial.

So how can you avoid becoming a victim?  Since malpractice lawsuits are based on documentation, and the doctor’s insurance company will come prepared with plenty, make sure you know your rights to your documents. HIPAA laws require medical professionals to allow you access to your medical information and also allow you to request an amendment to errors in your medical information. Be sure you know what your records reflect, and if you disagree with a diagnosis or prescribed treatment, be sure to ask for documentation within your records to state the disagreement or objection.

Consider having someone that you trust to accompany you when you visit the doctor.  As well as offering emotional support during difficult times, having someone with you to act as an advocate can prevent potential malpractice issues.  Ask that trusted friend to accompany you if you need a second opinion.  Not all medical issues are black and white and healthcare is a business that requires a profit for most providers.  A second opinion may help ensure the accuracy of your diagnosis, avoid an unnecessary procedure or insure that a reliable treatment is considered in the recommendations.

Taking these steps can help prevent you from becoming a victim, but if you are a victim of malpractice, take steps to ensure that the same doctor does not hurt anyone else.  Although it can be a tough fight, malpractice suits help regulate ethics and best practices within the medical industry.  Consult an attorney with experience dealing with medical malpractice cases and can give you a true picture of what to expect during the process.

Reynolds & Reynolds Law Firm | Medical Malpractice Frisco TX | 214-891-6606