How to Sue for Medical Malpractice
We trust medical practitioners with our health, but they are human and sometimes make mistakes. When the mistakes are serious enough, there are laws to hold them accountable. Before you contact a medical malpractice attorney, consider the steps below.
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Instructions
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Gather evidence that the patient, either you or someone for whom you are responsible care, has been harmed. This can be direct harm, such as physical damage, but it can also be less direct, such as emotional or monetary damage.
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Assess if the healthcare provider (i.e. physician, nurse, EMT) had a duty to provide the patient care. If the patient arrives in an emergency room in need of urgent care, healthcare providers are under a different set of rules than if they are by chance in the same room with someone who suddenly needs care at a party, movie, sporting event, or even an accident. Many doctors have been advised not to identify themselves at accident scenes because of the liability they can incur.
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If care was provided or should have been but wasn't, determine if a healthcare provider caused the harm to the patient by failing to reach a standard of care for someone in a similar situation. Harm can occur from something wrong done to the patient, or can include failure to warn, treat, or diagnose a condition. You could ask medical professionals for their advice for the given situation, but eventually, if you believe that malpractice occurred, you'll want to talk to a malpractice attorney.
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Consider who is at fault. Did a practitioner fail to follow a clinic or hospital's guidelines, were the clinic's policies and guidelines followed but flawed, or was a hospital missing a piece or equipment or supplies that it needed to meet its standard of care?
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Contact a medical malpractice attorney. This is a complex area of both law and insurance (the malpractice insurance that settles claims). The steps above are guidance to prepare you for a discussion with an attorney. See http://www.medicalmalpractice.com/ as a starting point.
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I recently had to have a stent put in my right leg because the Doctor said all my arteries were collapsed. ( I had no pain or discoloration). Only half the stent was placed in my leg the other half blocked my aeorta ( Heart ), The only reason I knew there was a problem was because 2 days after the surgery I was in alot of pain and my toes turned purple.The Doctor had nothing more to do with me after I went to his office. He saw my foot sent me back to work and said he was going to schedule testing for me that never happened. I soon had to look for another Doctor due to the pain and my toes were turning close to black fast.Well I ended up with all toes removed on my right foot and an emergency bypass, I had to have a normal Bypass performed but a different Doctor made a mistake now because of that I lost my left leg under my knee still have staples in my leg. and I also have to have a Bypass every 10 years for the rest of my life because of my age. The reason I jnow the second Doctor made a mistake is because 2 Doctors who were in my room during the surgery came and told me. I did get a Lawyer last year for the first surgery but nothing has been done yet and I only have till Dec. I don't know what to do if nothing is done in time.
