We count on our doctors and healthcare providers to provide competent and ethical treatment. After all, we trust these people with our health, which is sometimes a literal matter of life and death.
While not every interaction with a medical professional will be perfect, you may feel confused or nervous after an unpleasant encounter. You might even suspect that you are a victim of medical malpractice.
If you are in this situation, here are some steps to take that can increase your chance of receiving compensation if you ultimately file a medical malpractice claim.
Get a second opinion
Remember that your health is your priority. Seek a second opinion as soon as you can. Waiting can put your health in danger. Be honest with the new doctor and provide them with all your medical records so they have the complete picture of your situation.
You should avoid telling your current doctor about your suspicions. Additionally, do not post anything about the suspected malpractice on social media.
This may be difficult, considering the ease with which we can communicate with others, including our own doctors, today.
The reason to stay quiet is because anything you say could be used against you. Your statements could give your doctor a possible defense against a medical malpractice claim.
Write down your experience
Rather than telling people, write down what happened. It is important to do this right away while the details are still fresh in your mind.
Write down the first symptoms you experienced, what you remember about conversations with your doctor, your diagnosis, treatment and how you felt after.
Write the names of any family members, friends or co-workers who you spoke to or interacted with before and after the injury or treatment. They could serve as potential witnesses.
Know the statute of limitations
In Maryland, the statute of limitations for filing a medical malpractice claim with five years from the date of the injury or three years of the discovery of the injury, whichever comes first.
It is typically a good idea to file your medical malpractice claim as soon as you can, even if you have not started gathering evidence or building a case yet.
Filing your claim preserves your rights. If you file outside of the statute of limitations, you generally lose your right to pursue compensation.
Gather your documentation
Once you have filed your claim, request copies of your medical records. The Health Insurance Portability and Accountability Act (“HIPAA”) is a federal law that states you have a right to request copies of your medical records from your medical care providers.
Under the law, your medical providers must respond to your request within 30 days. Your medical records are strong evidence to prove your medical malpractice claim, since they contain information on your symptoms, tests, diagnosis and any treatment.
A medical malpractice claim can provide you with various types of compensation beyond the recovery of medical expenses. You could receive compensation for lost wages, pain and suffering or mental distress.
Start gathering documents to prove these pieces of the case. Examples include paystubs or photos of you before your injury engaging in activities that you are no longer able to.
When you have gathered your documents, you are ready to begin preparing your case for negligence. It is best to have a professional by your side during this process who understands what you are going through and can help you build the strongest case possible.