If there’s anyone you trust more than family and friends, it’s your doctor. It’s their responsibility to recommend the best type of treatment for you. In fact, doctors are one of the most trusted professions, second only to nurses.
But what if they break that trust and leave you worse off than you came in? It’s unacceptable for anyone to receive that kind of treatment. To make sure you’re compensated for the life-threatening experience you had, you should learn how to assemble a malpractice suit.
Hire a Lawyer
The first thing you should do when you suspect your doctor committed malpractice is to hire an attorney. They’ll help you understand what goes into a case. Your lawyer will also determine if you have a workable case, to begin with. Tell them everything that leads up to the malpractice. Don’t leave out any extra details, too. Every single piece of information you give will help your attorney create a solid case. You should also enlist the help of a private investigator with a criminal investigator certification to gather evidence to support your claim.
Gather Your Medical Records
Your medical records contain everything about your health leading up to the doctor’s possible malpractice. They contain the diagnosis, tests, and medications given to you by your doctor. Your records also contain extra information such as your family’s history of illness and your previous stints in the hospital, if any. Your testimony will be backed up mostly by your records, so make sure to submit them to your lawyer for review.
File a Claim Immediately
It’s crucial for you to file a claim as soon as you gather the necessary evidence that you’ve been a victim of malpractice. The standard deadline to file a malpractice claim in Colorado is two years after discovering the misconduct. If you go beyond this deadline, the court will dismiss your claim even if it does contain legitimate evidence.
When is it Considered Malpractice?
The two basic classifications of medical malpractice are negligence and recklessness. Negligence happens when a doctor fails to provide sufficient medical care to their patient. A prime example of this is the failure to diagnose a life-threatening disease. This causes the patient to be stuck in their condition without getting the proper treatment.
Recklessness is when a physician consciously performs a risky action without any precaution. This happens when a doctor gives you a lethal dose of medication. It’s also considered reckless when a medical professional performs high-risk surgery on their patients under the influence of alcohol or drugs.
Everyone deserves the highest level of care. It’s important for you, as a patient, to know your right to demand quality healthcare. When you file a malpractice suit, you’re protecting others from experiencing what you went through. Doctors are by no means perfect. They will miss a few things here and there. But if they move away from the standard of care every physician should be providing, they need to be held accountable. No one should ever be above the law.
