Steps to take when you suspect your child has suffered medical malpractice

written by Fred Campos

While everyone hopes their time in the care of health professionals goes smoothly, accidents can and do happen. It can be even worse when it happens to your child. If you feel that your child received substandard service while in a hospital or other medical center, there are some important steps you should take.

Most commonly, poor medical treatment happens by accident but, regardless of the reason your child is injured mentally or physically as a result of malpractice, they and you may be eligible for compensation.

Below are a few steps you should take if you suspect your child might have received poor treatment.

Medical Malpractice – Seek a second opinion

Very few people have the knowledge or expertise to properly evaluate the results of potential malpractice, so you should seek the opinion of another impartial healthcare specialist as quickly as possible. You’ll only know if your child has suffered bad treatment by gaining the secondary advice of a similar professional skilled in the same medical discipline.

Get a copy of your medical records

Before you can get legal advice, you’ll need a full record of any treatments, care, or medical operations performed. You must get this evidence before going any further. Malpractice covers everything from misdiagnosis to the medication and treatments that were administered, so it’s vital that you get hold of an accurate record of the care they received.

Medical Malpractice – Write a day-by-day journal and take photographs

Even the most serious wounds heal with time, so having photographic evidence of the pain and suffering your child went through as a result of malpractice will provide your legal team with vital evidence for any court action they might suggest.

It may take months to get your case to court, so keeping a journal to document your child’s experience on a day-by-day basis will also give your lawyer crucial evidence upon which to build your case.

Remember, too, that medical mistakes can result in more than just physical symptoms. If you’ve suffered any mental trauma, documenting your experience will allow you to fully explain the extent of the harm. You should also note any subsequent doctor appointments or additional care they received in the interim.

Contact a lawyer skilled in medical malpractice casework

The legal system is complex and covers all aspects of business and social lives, so it’s vitally important that you find a lawyer that has knowledge and experience in medical trials. Also, don’t fall into the trap of thinking you can adequately represent your child in court yourself – you will need representation if you’re to get an outcome that equates to the damage done as a result of bad or negligent treatment.

Remember that your lawyer will have access to resources you simply can’t reach on your own. For example, in the case of dentistry mistakes, your attorney will be able to draw on dental malpractice expert witness services that can be used to help build your case.

Avoid contacting any involved parties

While it might be tempting to confront those that harmed your child head-to-head, you must not fall into the trap of writing angry emails or contacting anyone involved in your case. Ultimately, your words will be admissible in court and will likely work against you. Rather, you should stay silent, bide your time, and allow your experienced legal team to work on your child’s behalf.
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