How To Not Become A Medical Malpractice Victim
Some people maintain that there are little or no ways to protect yourself against becoming a medical malpractice victim but the reality is that this is the exact opposite of the truth in this matter. If you find yourself or a loved one or family member to be a victim of medical malpractice or medical negligence, you do have rights, although you are certainly not going to find a clearly posted list of your rights on the bulletin board in the hospital cafeteria.
In fact, hospitals want you to think that you have given up your rights by all the forms you sign when you are admitted to the hospital, and in particular via that former that you are required to sign prior to undergoing some kind of invasive procedure or operation. But the truth of the matter is that your signature on that form means virtually nothing, and signing that form does NOT mean that you have given up your rights to any type of legal action if you find or discover that some type of medical malpractice or medical negligence has occurred before, during or after that procedure or operation.
First of all, we need to be clear on what is defined as medical malpractice so that you can even begin to understand if you are a victim or not. This type of medical negligence occurs when a medical professional does not act or take required action that would be defined as a standard of proper medical care. This could be a misdiagnosis of a condition, prescribing the wrong medication or the wrong dosage, a horribly botched procedure, or a host of other things that would not adhere to the standard of acceptable medical care and treatment.
But all of that said, it is also important to understand what medical malpractice is NOT. You clearly do not have a case if generally accepted standards of care and treatment were provided, even if the end result of that care or treatment is not what you would like to see. For example, if a proper and logical diagnosis was made that your gall bladder needs to be removed in order to provide you relief from chronic stomach pain, the operation is done well and all procedures were followed according to the letter of the law, yet the stomach pain persists, chances are good that you do not have a lawsuit that you can successfully bring to bear.
Malpractice is also not applicable if, upon examining your hospital bill, you discover that you were charged $75 for a band-aid and $45 for a cup of ice. Those are separate issues that you may perhaps take up with the hospital billing department but it really has nothing to do with the topic of medical malpractice or medical negligence. Hawaii medical malpractice
One of the best things you can do to avoid becoming a medical malpractice victim is to become knowledgeable about what the doctor plans to do and to be aware of what is happening every minute. Keep a diary of events listing dates, times, names, prescriptions and what is said and done. If things really start to go south for you, that is not the time to start keeping such a diary because events from just a day or two ago will start becoming unclear to you. In the event that something does happen, having an accurate accounting in your diary of the events leading up to this would allow a malpractice lawyer the ammunition required to take appropriate legal action.
It is interesting to note that when a lawsuit is warranted and documented, hospitals will settle out of court in the majority of cases. This is primarily due to the fact that the hospital or doctors want to avoid as much publicity as possible for a valid malpractice lawsuit, and this is exactly the type of thing that the media would have a field day with and publicize it widely and loudly