15 Feb How to report medical negligence (malpractice)?
How to report medical negligence (malpractice)?
Medical malpractice cases are not common, but when they do occur, it is necessary to report them. Since this process can be quite complex, we are going to briefly explain the basics you should know to report a medical malpractice correctly. At General Legal Lawyers Torrevieja we want to provide you with the best legal advice for these cases.
Steps to report medical negligence (malpractice)
Step 1: Seek a specialist in health care law
Reporting medical malpractice is not easy. That is why it is essential to have a specialist in health care law, such as you can find at General Legal Lawyers Torrevieja.
In a medical malpractice claim is necessary to prove that there are serious and permanent consequences. It is not enough that malpractice has occurred. Without demonstrable harm, no legal action can be taken.
Step 2: Gather the necessary documentation
Before reporting medical malpractice, the affected person must have the necessary documentation. You or your lawyer have to go to the health care facility where the medical malpractice took place in order to request the documents.
Step 3: Go to court
Unless an out-of-court settlement is reached, you will usually have to go to court. If a medical expert’s report confirms that medical malpractice has occurred, a lawsuit or complaint can be brought.
Although there are several ways in which you can bring your lawsuit, the most advisable is the civil action, since it is extremely difficult to condemn a doctor through criminal proceedings.
Step 4: Wait for the judgment and compensation
If the trial has started and advanced, a legal judgment will finally be issued, which, in addition to certifying the proven facts, will give a verdict. If this verdict is favorable to the victim, it will establish a compensation.
Documentation to report medical negligence (malpractice)
If you and your lawyer consider it feasible to report medical malpractice, the following documents should be available to you:
- Admission report: This document contains the information that is known and recorded at first about the patient—personal data and reason for admission to the health center.
- Patient progress report: This is a chronological record of the patient while he/she was under treatment. It should include the results of diagnostic tests and treatments applied.
- Discharge report: This document certifies that the treatment has been completed.
- Informed consent: This document certifies that the physician or healthcare worker has correctly informed the patient about the surgical intervention or invasive medical procedures.
- Pre-anesthesia report: In this report, the anesthesiologist assesses the patient’s physical condition prior to surgery.
- Autopsy: This document is required in the event of the patient’s death.
- Medical expert’s report: A medical expert is a specialist trained to issue a report concluding whether medical malpractice has occurred, and why and how it occurred. This document is essential to take the case to trial.
Are success stories usually high?
As long as you have the necessary documentation and rely on the services of an experienced attorney, you will have a reasonably high chance that the judgment will be in your favor as a victim of medical malpractice.
By opting for the civil action, you can claim a fair financial compensation. In this way, you can be helped to cope with your suffering.
Look for a lawyer specialized in this field
Reporting medical malpractice requires expert knowledge and specific preparation. This is why it is necessary to look for a specialist in health care law.
The specialist lawyer can help you not only by acting as your attorney in litigation, but also by instructing you on the rights you have as a citizen and patient, and on how to gather all the documentation about your case.