No one dreams of the day that they get to go under the knife. Regardless, surgery is a necessary, and lifesaving, part of many people’s lives. Sometimes, the only thing that convinces a person to get surgery done is the fact that they have a skilled surgeon performing the operation.
What do you do when a surgeon fails you and leaves you or a loved one injured, or worse? For many people, the answer to this question is to file a surgical malpractice claim. Read on to learn what you need to do to be successful and achieve a legal victory.
Contact an Attorney
The first step is probably the most important step you’ll take on your path to legal victory. Contact an attorney as soon as you find out that your surgeon acted negligently.
Surgical malpractice claims have a statute of limitations — the amount of time you have to file a malpractice claim. Different states have different timeframes in which you must file your complaint. That time might start from the time of the injury, or it might start from the time you knew or should have known about the injury.
Contacting an attorney, like one you’ll find at Cummingslawhawaii.com, will help you understand how long you have to file your claim.
Document, Document, Document
Any time you have a personal injury case, the most powerful thing to have is evidence. You’re going to want to make sure that you thoroughly document everything that has happened in your case in order to prevail.
Ask for copies of your medical records, both before and after your surgery. Take photographs of your injuries. Write down what you’re feeling and how your injuries impact your life.
You’ll also want to keep track of your expenses related to your surgery. Expenses include things like medical bills, lost wages (past and future), even transportation to and from the doctor. Keeping track of these things will help you maximize your recovery.
Settlement vs. Court
Most personal injury and wrongful death cases tend to take a long time to make it through the legal system. Some even take years before the case ever goes before a jury. For that reason, many plaintiffs opt for a settlement instead of a trial.
Settlements are typically a smaller amount than you stand to receive at trial, but they also help you get compensated sooner. It also assures that you don’t have to rely on a jury to award you money. Speak with your attorney about the best options for you.
Do You Have a Surgical Malpractice Claim?
Everyone goes into surgery with the hope and expectation that they will be better after the operation. It’s absolutely heartbreaking when a surgeon is negligent and causes injury or death. Filing a surgical malpractice claim might not reduce the pain you’ve suffered as a result of a negligent doctor, but it can help you find peace.
Are you interested in learning about more effective ways to help improve your life? You’ve come to the right place. Check out the rest of our blog for tons of great content that’ll have you feeling better than ever.