Medical Error Rights You Have
Medical errors, or malpractice, can happen anywhere along the chain of medical attention. Errors happen either when documenting, providing medicines to patients, or transcribing. At any point of this chain, a nurse steps in to ensure that every detail is correctly captured. In the event that you, as a patient, have experienced a medical malpractice, you have the right to report it.
A healthcare provider can be guilty of medical negligence because of failing to give quality medical care. The damages and errors that occur during treatment may cause a permanent damage or serious injury. For this reason, you should report any error that you experience during treatment.
If taken to a court of law, a judge may:
- Either give you compensation for further treatment or medical expenses;
- The lost wages and future losses of income;
- Any pain and suffering caused by your injury, which may cause disability.
The Process of Filing a Lawsuit
Find the Right Lawyer
When you think of a possible lawsuit against a healthcare provider, look for a good lawyer who will represent you. Look through lawyers who have experience in taking medical malpractice cases, have been successful in those cases, and one whom you get along with. After finding a lawyer, the lawyer will discuss fee arrangements, present the representation contract for you to review, and you decide whether or not to hire.
Investigation and Review of Medical Records
The lawyer will review the medical records so that he knows from what point of view to tackle the case. The lawyer then gathers medical bills concerning the malpractice, which may take months depending on your treatment stage. The lawyer then determines if there was a lawful malpractice and informs you early in the representation.
Hire Medical Experts
The lawyer will look for expert medical experts to review the records. They give an opinion of the records and where the negligence occurred.
Demand and Negotiations
You can decide to settle the malpractice through negotiations. If this does not go through, then a lawsuit is filed. The lawsuit is called a complaint. The complaint begins when the cause gets on trial which can take between six months and three years.
What You Need to File a Lawsuit
For you to file a lawsuit, you may need the following:
Proof that there was a Patient-Doctor Relationship
You should be able to prove that you hired a doctor and the doctor agreed to be hired to provide medical services—the physician you are suing should have directly treated you.
For you to sue a physician, you should show that the negligence caused you harm and you feel if another doctor had treated you, that harm would be prevented. Being unhappy about a treatment is not a malpractice. Typically, it is suggested the patient should have a medical expert that testifies the negligence of the doctor caused the injury.
Patients can sue the following harms:
- Severe, long-term injury
- Physical pain
- Additional medical bills
- Work loss and lost earning capacity
Why You Need an Attorney
Once you realize that harm has been made, a medical malpractice Texas attorney may help you solve the case. Medical malpractices are difficult to deal with because you will have to deal with insurance companies and the complexity involved. It is also expensive to file a lawsuit for medical malpractices since the lawyer has to hire experts and investigators to gather information to prove your case.
Contact us at the Lawyer Referral Service of Central Texas (LRS) and we can help you find a qualified, highly experienced, medical malpractice lawyer to help you through this tough process. We serve the Austin and surrounding Central Texas area.