If you’ve been a victim of a doctor’s negligence, you have a legal right to file a lawsuit against that doctor and seek compensation for your injuries. But how do you make sure you’re successful in your medical malpractice claim? Here are some tips to help you be better prepared.
- Document everything. From the moment you realize your doctor has acted with negligence, begin preparing a file of your case. Keep records of things such as the dates of your doctor appointments, the paperwork you obtain from said appointments, and any further documentation you obtain from other physicians that treat you after the incident. The more evidence you have, the better chance you have of being successful, so keep a detailed paper trail.
- Act swiftly. Most states impose a medical malpractice statute of limitations, limiting the amount of time a victim has to bring a lawsuit against the negligent doctor or hospital. In some states this time frame is as short as one year, so time is of the essence. Typically, the clock starts ticking as soon as the incident occurs, so don’t dilly dally with your claim. File as soon as you can to increase your chances of victory.
- Hire an experienced attorney to represent you in your claim, one who specializes in medical malpractice claims. This is critical because you will need to have someone fighting for you that knows and understands the law and how to present your particular case. Don’t just pick the first attorney that comes along. Interview a few, and get an idea of their track record before you choose one that is right for you. Remember, you should always feel completely comfortable talking with your lawyer, and he or she should give your case the attention it deserves.
- Once you’ve chosen a lawyer, be sure to work closely with him or her to obtain all the required medical documentation needed to build your case. Make yourself available to your attorney and answer any questions that they may have for you. The more your lawyer knows about you and the details of your case, the more likely it will be that you will win your medical malpractice claim.
- Have as much proof of your damages as possible. If your case goes to court, the judge presiding over the case is going to want to see proof that you have indeed suffered a loss, particularly financially. It’s critical to the success of your case that you be prepared with all the proper documentation. For example, if you are claiming lost wages, be sure you come to court prepared with copies of your pay stubs. The more you have, the better off you’ll be.
Medical malpractice claims can be difficult to prove and every case is unique, but by following the tips provided here, like hiring a reputable attorney and being prepared, you are much more likely to be successful and win a settlement in your claim.
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Don’t think that filing a medical malpractice suit is as easy as pulling a lawyers name out of the phone book because unless there is a death or major body part (arm, leg) missing, most attorney’s are not interested due to the time and expense of filing this type of claim.
My ortho surgeon whom I had been seeing for nine years when he performed my total knee replacement put in an implant that was too big for me, cut away too much tissue yet not enough in other areas, was not aligned properly and it was an older implant that contained nickel to which I am highly allergic too. Before surgery, I asked what type of metal would be used and he told me either stainless steel or titanium but would probably titanium. I replied that I prefer the titanium since I already had this metal in my back from a spinal fusion six years earlier and because I was allergic to nickel I was worried about other metals being used.
When after about nine months and I was not getting better, I asked my doctor if there was any possibility that the implant could contain nickel and he replied, “I don’t know. Guess I’ll have to look that up.” I could not believe he did not know and yet, he never bothered to get back with and let me know.
I had severe swelling from the knee down and even ended up in the emergency room because it felt like the skin on my leg would split open because the swelling was so severe I thought I might have a blood clot. Thankfully, that wasn’t the case but my lymph nodes were very swollen indicating a possible infection so the ER dr. called my dr.’s office and spoke to his physicians assistant and said she felt that I needed to be seen by an ortho specialist ASAP. The problem was my dr. had a heart attack and was out of the office for about 3-4 weeks but the ER dr. was assured by the physicians assistant that I could come in at any time the next day and she would make sure I was seen by the other ortho dr. taking over my dr.’s patients while he was out. When my husband and I got there at 1:00 the next day, I was told by the PA that I would have to wait for at least two or three hours because the dr. was backed up. The PA told me that morning to come in at 1:00 because the office is closed from 12-1:00 for lunch and they do not schedule patients past 11:30 so there should not have been a back up. Besides, wouldn’t you think that someone that had knee replacement surgery was having all the problems I was having to the point I ended up in the emergency room that they would make sure I was seen but I guess if you are trying to cover up what you’ve done, you’ll do whatever you need to so that no other dr. sees you and alerts you to all the problems this dr. has caused me.
I a revision done less than two years later in May 2008 and that’s when I learned the implant was an older model and that it contained a high amount of nickel. It was such a high amount that it actually caused the ends of both my femur and tibia bones to “dissolve” making the revision surgery more difficult. For 20 months after the original knee replacement surgery, I was never able to get my knee to bend more than 76 degrees and could not straighten it even after many months of being put through the hell of physical therapy. Even though I would scream out and cry because of the pain, the therapist would get angry and tell me if I stopped any exercise, she would start all over even if I only had one or two more reps to go.
I am now eight months out from the revision surgery and while I have almost 100% of my extension back, I am only about 98 degrees of my flexion (normal is 150-160) and my current ortho surgeon is hoping that I’m able to make it to 105 which is just enough to get up from a seated position and use the stairs.
Due to this negligence, I became a recluse because the pain was so severe that every step I took was torture. I became depressed because I could no longer do the things I used to enjoy doing, could not have marital relations with my husband because of the pain and the odd angle my knee was almost “fused” in and couldn’t even go for my yearly pap smear because I could not bend my knee enough to “slide down to the end of the table and put my feet in the stirrups.
The surgeon who did this to me moved to New Mexico several months ago and I believe it is due to the negligence he caused me and others – It wasn’t until after my surgery that I found out he had been sued before and the case was settled in the same month I had my surgery. He had his own practice but ended up becoming an employee of the hospital because he could no longer afford the malpractice insurance on his own and by being hired by the hospital, he would be under their insurance so he could continue to do the knee and hip replacement surgeries.
While I may never know the reason he moved out of state, I believe it’s because I’m not the only one he injured. He had lived and practice in my town for over 30 years, his wife had a job she loved and was in management making good money, he had an established practice, he children living here and many friends. He was 67 when he moved to New Mexico and is now performing surgery at the VA hospital there. I can only hope that he doesn’t hurt any of the veterans there like he did me, they’ve been there enough already.
Through this long explanation is the reason why I wrote this, I searched for a year to find an attorney but no one was interested in taking on my case. I was told by some that they were a small firm and could not afford to file a malpractice case and of the larger firms who had the resources, I was told to bring them x amount of proof and then they would let me know if they would take my case. Even though I have the implant from the original surgery and my current ortho surgeon saying what went wrong the first time which were mistakes that should not have been made especially by a surgeon who has as much experience as my first surgeon had. I do believe that the hospital strongly encouraged him to use the old implant because when he was in practice for himself, he did not keep implants in his office but order them as he needed them while the hospital does have implants on hand because of accidents that land people in the emergency room and need immediate surgery.
So while it may sound easy to hire an attorney and sue for negligence, don’t get your hopes up. Be prepared to be turned down many times. If this had happened in Germany, this dr. would have gone to jail for he did to me but here in the United States, they make the malpractice laws so hard to defend against that most never see the inside of a court room. How sad that the largest free nation in the world cares so little about their citizens these dr.’s go unpunished. I hope that one day this will change.