When something goes wrong in the operating room, emergency department or other healthcare setting, many people are told that the injury or illness was a known and accepted complication. Often families believe that "these things just happen" and there is nothing that they can do about it.
Additionally, the injury or even death of a loved one is an extremely emotional time. Not surprisingly, research shows most cases involving medical negligence remain unreported for just that reason, even when–through no fault of their own—peoples' lives are forever impacted.
But you do have rights in this situation to ensure your family can maintain the same quality of life they enjoyed before the accident. If you ever find yourself in this tragic situation, we offer the following recommendations:
Request a meeting with the physician(s) and/or nurse(s) who were closely involved in the situation. It is your right to request such a meeting to determine what happened.
Have more than one person present when discussing what transpired when meeting with the hospital staff. People tend to have differing recollections of the same conversation and related happenings.
Ask any and all questions you have of the physician, nurses and other healthcare providers. Don't hesitate to take notes to help you remember what is said.
Do NOT sign any documents or agree to resolve any claim or disputes without first having these documents reviewed by an attorney.
In the case of a possible wrongful death, immediately request an autopsy. Many times doctors and family members are not sure of the cause of death. An autopsy helps to prove and document the cause of death. Also, feel free to schedule a conference with the medical examiner.
Contact a medical malpractice law firm that can conduct a professional in-depth investigation that would include the review of medical records, radiology studies, pathology slides and other material by board-certified medical experts who can an provide objective medical opinion as to whether a medical malpractice case should be filed.