When you go to the hospital, you expect to be made better. Unfortunately, this isn’t always the case. In fact, the latest studies suggest that over 400,000 people die each year in the United States due to preventable medical errors, making it the third leading cause of death in America.
Of course, if there are that many people dying from preventable medical errors, you have to consider that many more are injured due to errors. Indeed, the Harvard School of Medicine reports that right around 18 percent of hospital patients injured during the course of their stays. Some of these are likely to come during a medical procedure. You might be surprised at how often people find themselves injured by medical procedures — including those that we think of as routine.
If you are injured as a result of a medical procedure, it’s important that you take action as quickly as you can, and that you engage the services of a good personal injury lawyer.
Document What You Can
When you are injured as the result of a medical procedure, your caregivers at the hospital might try to cover it over, or convince you that it wasn’t their fault. You need to document whatever you can. You need to document the progress of your recovery, as well as what others say to you. If you have loved ones visiting you in the hospital, you can enlist their help in your efforts.
You need to do what you can to build a body of evidence. If you feel as though you aren’t getting well when you should, or if you feel uncharacteristically worse after a medical procedure, share your concerns with staff, and document your efforts to bring attention to your situation. Document when you have been shrugged off if you can.
Don’t Sign Anything
Don’t sign or agree to anything without first having your attorney look it over. In fact, it’s usually best if you contact your personal injury lawyer as soon as you think that there is something wrong. Many hospitals will try to get you to waive your right to sue them, or get you to agree to some other procedure. Sometimes, they will attempt to get you to settle for less than you deserve in order to put the situation behind them.
It’s important that you avoid signing or agreeing to anything before your lawyer has a chance to look over the situation. You are in a vulnerable situation; you’ve been sick or injured, and a medical procedure has made things even worse. You don’t want to be pressured into anything, that might reduce your efforts to get the help that you deserve as you try to recover. Your attorney can help you determine whether or not to accept a settlement, or negotiate for a better outcome.
Consider Moving, If Possible
If your attorney finds that there is ample reason to take action against the hospital as a result of your medical-procedure-induced injury, it makes sense to consider moving. You might not get the best care in your current facility. Talk with your lawyer and a new health care provider about your options, and what might be possible. You want to protect yourself from further problems, while at the same time getting the help you need to recover as much as possible.
It’s important to remain as polite and professional throughout your interactions with any of the hospital staff. However, you also need to be firm about bringing in a lawyer to represent your best interests. At this time, you need to get better — and you need to be properly compensated for the injury that you have been caused. It’s a tricky line to walk, but a good personal injury lawyer can help you.
How to Handle Injury Due to a Medical Procedure. by James Sorrels