7 Ways to Defend Your Family After Medical Negligence

According to Murphy's Law, anything that can go wrong, will go wrong. However, this is not a saying that should be involved when it comes to the healthcare of another individual. It's unfortunate, but medical negligence is a real problem in the world, with reports coming out just a few years ago that listed it among the top three causes of death in the United States.

pixabay.com/en/medical-record-health-patient-form-781422

While we are expected to trust our healthcare providers, there are far too many instances in which their actions can cause significant harm to patients. Following this type of situation and in matters of medical negligence, it's very important for those affected to recognize what they can do after the fact to protect themselves and their families.

Here are seven things you can do after medical negligence.

1. Show that There was a Doctor-Patient Relationship and a Duty of Care

In any matter involving injury caused by negligence, one of the most important steps is proving that there was a duty of care between the plaintiff (you and your family) and the defendant (the medical professional). This means proving that there was in fact a doctor-patient relationship that existed.

If this was not a situation in which the relationship was present, it may be more difficult to show the medical negligence in a compelling light. However, if you can show that it was your doctor who acted in negligence and broke a trust that you had for him or her, their actions can be used to prove liability.

2. Proving that There was a Breach In the Duty of Care and Doctor-Patient Relationship

The doctor-patient relationship is supposed to be built on trust. This means that the doctor trusts that you will listen to his or her advice and your trust the doctor to provide you with care and the necessary treatment to improve your physical condition.

Proving that there was a breach in the duty of care means showing that the doctor did something outside of their normal duties that caused even more harm to the patient. This could include surgical errors, medication errors, and more.

3. Detailing How the Breach of Duty of Care Led to the Injury

One of the factors that is typically involved in a case of medical negligence is showing that the act that the doctor performed was not only negligent, but was the direct cause of the injury itself.

For instance, if the doctor performed a surgery and instructed the patient to avoid certain activities due to risk of the incision reopening, but the patient doesn't listen, any injury sustained after that fact may be the fault of the patient for not listening. 

However, if the error occurred and the injury directly resulted from that error, it would be the fault of the doctor.

4. Getting the Expert Witness to Testify for You

One big asset you can have during a case involving medical negligence is to secure the assistance of another medical expert who can serve as a witness on your behalf. This party can help break down how the procedure should have been performed, what errors may have existed, how the error could have caused harm, and the long-term effects that may have resulted.

Having the expert witness on your side can prove to be very beneficial to your case in proving that the doctor was in fact negligent.

5. Recognizing What Rights You Have to File a Claim

Unfortunately, many situations of medical negligence fall under personal injury law and different statutes associated with the location in which the negligence occurred can impact your ability to file a claim. Each location has varying statutes that determine when a person can actually file a claim following the injury.

The statutes of limitation may limit how long you have to actually file a claim following the medical negligence and it's important to know if the action and injury did occur within the time period for which you are allowed to file. If you fail to file within this time frame, the case may not be able to be filed and it can leave you without the legal action you deserve.

6. Gathering All of the Necessary Evidence to Properly File

Much like in any kind of accident in which injury occurs, it's important for you as the victim to recognize what type of evidence is necessary to properly file a claim and have the most favorable chance at seeking compensation. In matters of medical negligence, this is no different and there are certain pieces of information that you can get to help you in the process.

For instance, having the necessary medical records between you and your doctor can help to show that there was an actual doctor-patient relationship and a duty of care. You can also get another doctor involved to help you tell your story, showing how the injury was sustained. It's important for you to have as much help as needed because the medical professional will be backed by their insurance, the hospital, and a large legal team looking to limit their liability.

7. Getting the Right Legal Professional On Your Side

In terms of taking legal action after medical negligence, there's not much that you can accomplish on your own. You may not have access to the necessary resources to prove that you have a case, thus you want to have someone who knows what information is needed and how to get it. Having a legal professional can help you protect your rights at all times and prevent the defendant from exposing any vulnerabilities in your case.

Securing the representation of a strong legal advocate can put you in a favorable position to prove that medical negligence was the direct result of your injuries and that you deserve compensation. Even better, strong legal counsel can help you move forward after one of the most difficult things you could possibly endure.