Our Blog
What Steps Should You Take If You’ve Been a Victim of Medical Malpractice?
If you’ve found yourself the victim of medical malpractice, you may be feeling overwhelmed, and understandably so. But in these challenging times, take heart! At Lampert & Walsh, we’re here to help guide you through your next steps. We’ve devised this informative blog post to highlight the essential steps you should take to protect your interest and secure your legal rights.
Remember: Knowledge is Power. By equipping yourself with the right information and acting promptly, you can effectively address the situation and put your life back on track.
1. Acknowledge the Situation
It’s entirely natural to be shocked or even in denial if you suspect you’ve been a victim of medical malpractice. But acknowledging the unfortunate reality is a necessary first step. This acknowledgment is not about fault-finding, rather it is about asserting your rights and safeguarding your future.
2. Document Everything
This can’t be emphasized enough – if you feel you’ve been subjected to medical malpractice, start documenting everything. This might be uncomfortable, but it’s critical. Keeping detailed records will serve you very well in any potential legal proceedings.
Interaction – Start by jotting down every interaction you’ve had related to your suspected malpractice. Note dates, people involved, and the specific incidents that raised suspicion. Don’t leave out any details, no matter how insignificant they may seem. It’s these intricate details that could prove to be vital in your case.
Medical Records – Include any relevant medical records in your documentation. Ask for copies of your medical history, diagnostic tests, treatment plans, prescriptions, and anything else related to your care. These documents will serve as concrete evidence of what transpired during your treatment.
Photo Evidence – Physical evidence such as photos or videos can also be particularly compelling. If your injury is visible, take pictures regularly to keep a record of its progression. Similarly, if a medical device or product is involved, secure and preserve it if possible.
Financials – Also, do not forget to keep financial records. This includes bills, receipts, or evidence of lost wages related to your ordeal. You may be able to recover these costs in a legal claim.
Personal Effects – Lastly, maintain a personal diary. Write down how you’re feeling physically and emotionally on a daily basis. This can provide a clearer picture of the impact that the alleged malpractice has had on your life and wellbeing.
3. Seek a Second Medical Opinion
“Two heads are better than one,” is particularly true when discussing medical malpractice. Securing a second medical opinion is a sensible step to help confirm or dispute the suspect malpractice. Try to obtain official, written guidance from medical professionals for the purpose of maintaining a well-documented record.
4. Engage a Personal Injury Attorney
Engaging an attorney like Lampert & Walsh, a trusted Denver personal injury attorney specializing in medical negligence cases should be a priority. An experienced attorney can provide you quality counsel, represent your interests and guide you through the complexities of legal procedure.
5. Avoid Direct Confrontation
Tread lightly—this can’t be stressed enough. The understandable instinct could be to confront the health professional responsible for your distress. But this might carry more negative repercussions than positive outcomes.
Emotions may run high, adding to the complexity of the situation. The last thing you want to do is amplify the problem with a heated argument. Your statements could potentially be used against you. Although it seems unjust, direct confrontation could weaken your legal case.
Instead of confronting the responsible party directly, consider maintaining a professional demeanor and limit your communication. Your main focus should be to acquire all necessary medical information related to your case.
If communication is necessary, ensure to do so through formal written correspondence and avoid informal conversations or verbal agreements. This offers a layer of protection as each interaction is documented and cannot be twisted or misinterpreted later on.
Furthermore, ensure that all correspondence goes through your personal injury attorney, as they understand the legal nuances and can effectively shield you from potential missteps.
We hope this initial guidance gives you a good starting point. As you navigate this difficult path, remember – you’re not alone. At Lampert & Walsh, we’re in your corner, ready to protect your rights and fight for the compensation you deserve.