Massachusetts Personal Injury and Workers' Compensation Law Blog
I found this article over at personalinjuryplace.com and I thought it would be helpful to anyone in Massachusetts, or beyond, who has been injured due to the negligence of medical personnel. Here it is:
Thousands die or are hurt by medical negligence every year. The numbers can be scary, with some studies pointing out tens of thousands of deaths and even more injuries related to medical negligence. We’ve gone over medical negligence on this blog, what you can do, but to better help you with your medical negligence claim, here are 6 tips designed to help you get through the legal ramifications.
To Be Safe
First off, if a loved one has died as a result of medical negligence, you must consider yourself before going after those involved. You will get your day in court, they will pay, but you should not downplay your emotions. There are programs for people who’ve suffered through a loved one’s death.
If you have been hurt as a result of medical negligence, be completely safe and go right to a doctor. You should not wait on this, as your health is on the line.
Check Medical Records from State Department of Health
Once things have settled down, it’s time to do some quick research. Technically you can skip right to hiring a lawyer. However, if you want clear proof before you take someone to court, you can research state records for the hospital you or your loved one was at. If this is a common occurrence, if there is clear evidence of repeated negligence, your case is more often than not a winner.
Consult with a Lawyer
Again, you can technically skip the second time and hire a personal injury lawyer to sue the hospital. It’s good to be sure, so even if you hire a lawyer follow up on what else has happened. Hiring a personal injury lawyer is not easy, but the good news is you have many options. Consult with a number of experienced lawyers about your case, but be sure to find out if they charge for initial consultations. Query as many you feel comfortable with, or as many as you need to until you find the right one, then start asking questions. Present your case, what happened to you or your loved one, and ask how the lawyer can help and how much it might cost.
What Else Has Happened?
In some cases, this medical negligence suit may be beyond just you. If this has happened before to particular hospitals or doctors, it makes your personal injury lawsuit much stronger. If nothing has happened, it certainly does not mean you have no case. It just means you need some legal guidance. In most cases, you will get an offer before the lawsuit is even filed.
When to File
You should not just jump into this case the moment it occurs. For example, if you were operated on incorrectly, there may be further problems you don’t know about. If you file a suit, and a year later a new health comes, you are left with much fewer options. Wait several months to a year if possible and consult with other doctors. Once you’ve waited long enough, you have a much better chance of getting offers or winning in court.