Protecting Yourself from Medical Negligence

When we experience illness or injury, we rely on the expertise of the doctors and nurses at the hospital or physician’s office to take the proper steps to diagnose us. In doing so properly, they are then able to issue a treatment plan that will get us on the road to recovery in no time. Doctors and nurses are only human, however, and sometimes mistakes occur. Other times, the doctors and nurses can be careless in our treatment and the ending result is defined as medical negligence. When something goes untreated or is misdiagnosed, it can result in pain and suffering, or worse in fatalities.

What is Considered Medical Negligence?

In a perfect world, we would reasonably expect to be diagnosed and treated properly. However, medical negligence happens more often than it should and can include any of the following:

  • Unnecessary surgery performed
  • Serious infections
  • Hospital error
  • Mistakes with medication (too strong of a dose, issuing a medication that patient is allergic to, etc)
  • Not performing life-saving procedures

Medical negligence is not limited to a doctor’s office or hospital. There are many other places that it can occur, including:

  • Your local pharmacy
  • Surgery site
  • Dentist office
  • Physician’s office (plastic surgeon, specialty offices)
  • Home Care

It is important for the victims to understand what defines medical negligence so that they can get the care they need, when they need it. In addition, most medical negligence cases can be brought to trial or at least settled out of court to ensure that the victims get their necessary compensation.

How to File a Medical Negligence Case

The first thing that a person must do is to ensure that they keep all of their medical records that pertain to the negligence incident. Contacting a personal injury attorney is your next step. You want to present all of your medical files to your lawyer who will review them. Choose an attorney who has several years of experience in the industry and can prove that they have settled or won a good percentage of the cases they take on.

Once you provide the evidence of the medical malpractice, your lawyer will follow up with the attorneys of the doctor or hospital who was responsible for the malpractice or negligence incident. It is important that you do not communicate with the doctor or the doctor’s or hospital’s lawyer and refer all matters to your own personal injury attorney. Intimidation may be used, but as long as you let your attorney handle the matter, your interests are still protected.

Your personal injury attorney will likely try to settle the case out of court, rather than go to trial, which can be more costly for all parties involved. However, if the doctor or hospital refuses to settle, the case could take a long time to resolve. Your lawyer will keep you up to date on all proceedings and will not take any settlements without your approval.

If you have been a victim of medical negligence, it is in your best interest to contact a personal injury attorney to ensure that you are taken care of. Contact our San Diego personal injury attorneys today by calling (619) 325-7555 or visiting us online at

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