The Case For Medical Malpractice

The mere mention of the two words “Medical Malpractice” will elicit reactions that range from ridiculing to ridiculous. Everyone seems to have a story or know someone that has a story about this controversial practice area.

It’s no surprise that we at Weston Lawyers believe that there is a place in our legal system for legitimate malpractice litigation. Has this area of law been abused at times? For sure, but that hardly means that it is unnecessary! There are people in every industry that will manipulate and twist the system for their own good. But that doesn’t discourage people from continuing to purchase houses, automobiles or electronics, does it? To us, the case for medical malpractice a strong one! Often, it is the only remedy the victim has when they have been injured due to the careless acts of a medical provider.

Here's what to do if you think you may have a medical malpractice claim. First, clearly distinguish between medical error and medical malpractice. There is a difference. Medical errors occur routinely, but that does not necessarily equate to medical malpractice.

Second, seek advice cautiously. Really. Medical malpractice is one of the most misunderstood and maligned areas of legal practice in existence other than personal injury law. We spend as much time educating our potential clients as we do litigating their cases. Overhyped media reports and armchair legal advisers gleefully hand out medical malpractice advice with no real knowledge and/or limited knowledge of what it really is.

Third, document everything that happens. Keep impeccable records of doctor’s visits with times and dates, as well as any phone conversations or e-mails with those in question or their related staff. Record all medications that you are prescribed and any “promises” you are made as a result of treatments, or any type of procedures. It's well been said that "a short pencil is better than a long memory."

Finally, don't give up. Medical malpractice suits can take a lot of time to litigate and even longer to settle. A person with a medical malpractice claim must keep the proper perspective. You may be in it for the long haul.

We believe that one of the best ways to curb this “human error” factor in the medical community is to hold them accountable for their actions. There is no better way to accomplish this than through the laws established for that purpose.