Enduring a surgical procedure that was meant to correct a digestive issue can be life-changing if you were improperly diagnosed in the first place. Most people trust their primary caregivers and follow the treatment advice that they are given. When a misdiagnosis results in undue pain and suffering, lost wages, and mental anguish, a medical malpractice suit may be the appropriate call to action. Read on to learn more about the process.
Follow Your State's Rules for a Malpractice Case
Each state has its own set of rules, which govern how a malpractice suit should be handled. In some jurisdictions, a medical provider must be notified about your intentions to seek a lawsuit. Additionally, you may be required to go in front of a review board panel. The members of the panel will analyze the protocol that your doctor used to diagnose your condition and will determine if an error was made. They will focus on the treatment that was provided, any medication that you were required to take, and the limitations that you faced as a result of the surgery. If a malpractice review board votes in your favor, you have a solid case and should feel confident about pursuing the lawsuit.
The findings of the review board are key pieces of evidence that can be presented during your court hearing. Consult with a medical malpractice attorney to discuss what you have endured and to receive help with building a case against the practitioner who is at fault.
Be Aware of the Statute of Limitations and Seek Expert Testimony
There is a set amount of time in which you can bring a case against your doctor. If you have been dealing with a lot of problems due to the misdiagnosis, don't hesitate to get the lawsuit started immediately. During your hearing, you should rely on expert testimony to make your case. This testimony will prove that another doctor who practices in the same medical field would have handled things differently.
Your lawyer may be able to obtain proof that medical tests weren't conclusive or that they were not conducted properly. Your attorney will advise you, concerning who should be called upon to give their opinion about the medical matter that you endured. During your hearing, your doctor will be put on the stand and will need to answer questions that their attorney and your attorney present to them.
Your medical records will be presented during the hearing, to help a judge or a jury understand your situation. If you win your case, your doctor may be suspended from practicing medicine or could be held liable for bills that you have incurred due to the mistake that they made. You may also finally receive compensation for lost wages or the pain and suffering that you have dealt with.
When you are faced with a serious legal matter, it only makes sense to work with an attorney who has the skillset to help. Attorneys are specially trained to manage everything from courtroom appearances to issues with paperwork, which is why you should have one on hand for when you are faced with an emergency. The purpose of this blog is to make it easier to understand when you should call a lawyer and how they can help. Read more on this blog to sort out everything you need to know to improve your legal prowess every single day, preventing problems.