7 Tips for Fighting Medical Malpractice


Medical malpractice occurs when a patient is mistreated or harmed by a physician. When medical professionals harm their patients in any form, it can be especially dangerous.

That’s why it’s so important for patients to report any forms of medical malpractice that they may experience and seek legal reparations. Here are some tips on how to fight medical malpractice, both preemptively and in the courts.

Review your doctors

Reviewing your doctors prior to scheduling an appointment is a good way to determine which doctor may work best for you. Although your everyday online review might not give salacious information on medical malpractice, it can help you spot any red flags.

There are a few different kinds of medical malpractice, and something as small as a failure to diagnose a patient or inform them about certain risks could be found in former patient reviews.

Understand the procedures and what tools will be used

Before undergoing any procedure, ask your doctor specific questions about it. What tools or tactics will be used for this procedure? If it’s a procedure for a child, will the physician use a Pigg-o-stat to ensure safety? And What potential risks exist from this procedure?

Asking questions upfront about the logistics and what could go wrong can help you make decisions and avoid problems later down the line.

Know your rights as a patient

As a patient, you have rights that bar a physician from mistreating you. According to the Code of Medical Ethics, the patient’s overall health is due to a collaborative effort on behalf of both the patient and physician.

Some of the most basic rights a patient has access to includes: respect and dignity, a timely response to their needs, the opportunity to weigh the benefits and risks of a procedure with a physician, the ability to make decisions on their own health, and a right to privacy and confidentiality.

Know the types of medical malpractice

There are a few different ways by which a physician can perform medical malpractice. Some common types include a failure to diagnose a patient, improper treatment, or a failure to notify patients of any risks. Being able to decipher which form of medical malpractice you experienced will aid your lawyer in helping you seek out appropriate reparations for these crimes.

Read up on any statutes of limitations

Another thing to keep in mind is the fact that most criminal accusations have a statute of limitations, which can vary amongst states and can be different on the federal level. These statutes bar victims for seeking restitution too long after the crime occurred. If it’s been awhile since you have fallen victim to medical malpractice, look up these statutes.

Get the information you’ll need for a steady case

Most importantly, for any good case, you need to gather information. If you received any documentation or phone recordings that prove the doctor acted with malicious intent, save it. If you know of anyone who could testify on the validity of your case, get them involved in your case.

Find a good, experienced lawyer

The last thing you’ll want to do is find yourself a good lawyer. Find one with plenty of experience in the realm of medical malpractice. Ask them how many cases they’ve won on behalf of victims and how much they’ve been able to win them in restitution.

Though seeking out a lawyer can be scary, finding the right one who will fight for your rights will make the process easier. Lawyers like Howard Fensterman will make sure that you get the reparations you deserve as a victim of medical malpractice.

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