It is estimated that there could be as many as 120,000 to 250,000 Americans who die annually due to medical malpractice. Some of that number comes from the rate of approximately one percent of hospital patients becoming victims of malpractice every year. That means that one out of every 100 hospital patient could become a victim of medical malpractice. One study found that 7.4 percent of physicians across all specialties had a malpractice claim filed against them.
Unfortunately, some claims don't make it to a payout settlement stage because there were errors in the claims process. You will need a medical malpractice attorney if you have a medical malpractice claim. Follow these medical malpractice claims do's and don'ts and you will be that much closer to receiving the justice you deserve for your losses.
DO: Keep All Documents
Do keep all records during this medical problem, every single one. Keep names and addresses of every clinic and clinician, even if you can only get a name off a name tag at the hospital.
DO: Keep Family History Alive
You want to be able to show life before and after the malpractice. Keep photos, videos, work-life, social life, and any evidence of your life before the malpractice occurred. Keep originals, and yes, you will get them back.
DON'T: Complain On Social Media or Elsewhere
Long-winded posts about hospital stays are common when the victim needs to vent about a problem. Don't do that. You can do some of that after the problem is resolved. Don't do it before that, and yes, medical lawyers and insurance companies will be looking for that.
DON'T: Alter or Mark Records
It's tempting to make notes on records doctors or secretaries give you. We do it all the time in the course of our lives. They say something, a piece of paper is there, so we write it down. Don't do that either. Use sticky notes on your records to make notes. Unaltered originals are the best evidence you have in this case.
DON'T: Miss Appointments or Calls
Everything in the medical world is documented, and the medical world is accustomed to that due to their insurance covering malpractice suits. Even if you suspect malpractice or error or think a diagnosis is bad and it's not worth the appointment, don't miss it. Go and get the day on the record or take the call.
DO: Contact a South Carolina Medical Malpractice Attorney if it Happens to You
Contacting a malpractice attorney is the first thing on the list of medical malpractice claims do's and don't's that you should do. Contact us at the Hopkins Law Firm at 843-314-4202 for a free review of your case. We will help you to preserve everything and file a medical malpractice suit to fight for the compensation you deserve.
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Should I tell my insurance company I am suing for malpractice?
It is probably best not to say too much about a lawsuit until it happens. Then you can say it is in litigation, and here is my lawyer's number. Prior to that, you can tell your insurance company that you have a lawyer helping you with your medical claims.
If a nurse gave me the wrong pill in a hospital, who do I sue?
In this case, it was the nurse that committed the error, and that nurse would be the liable party. Document everything leading up to and after that event, and keep track of your symptoms in writing. Let us know what happened, and we can help you out with the specifics from there.
How much will I get in a medical malpractice claim?
It is impossible to say on that question alone. Compensation is calculated according to your losses which could include medical costs, lost wages now and in the future, loss of consortium, pain, and suffering, and any other costs incurred as a result of malpractice. Keep every receipt, and take photos of your odometer and gas prices to track your mileage when you have appointments.