Do You Have a Medical Malpractice Case? Ė Hereís an Important Tip
If you are serious about taking a medical malpractice case before a jury, be sure that you have written documentation for evidence. The more evidence that you document, the more credible your claim appears to the jury.
This is a simple step and all that is required is writing down what happens as the patient is receiving medical attention. This type of ďjournalĒ has many benefits. The first one, as stated above, makes the patientís version of events and the overall case appear more credible to the jury or judge. It also helps prevent possible errors, even if the medical malpractice claim is not being contemplated.
One example of documentation could be if a nurse or physician forgets to treat a patient with a certain dose of medication. The patientís family might then remind the medical staff, so that the patient does not suffer as a result of the poor medication management. Afterwards the family should then document the times and dosages of medicine administered to the patient. This helps prevent another medication mishap, and to avoid an overdose if it had not been documented by a nurse.
When documenting the events, be sure to portray your actions as helpful and understanding. If you act as if you are threatening and second guessing, it may hurt your overall case because the defense lawyer will argue that you were building a case against them from the beginning.
In addition, documenting the events not only means to keep a written journal of whatís happening, but one should also be actively inquiring the nurse or physician about important events so that they can be charted accordingly. This is important as many times a nurse will forget to write vital information or events in their chart, because of a busy schedule or patient overload. Active documentation on your part will help remind them of these events. In fact, often times the nurse will make more effort to chart the events more timely and accurately, since they know that someone is making their own records simultaneously. In all actuality, most health care professionals donít mind it when someone is keeping a journal to be helpful. Just be sure to stay calm and not act as if you are constantly interrogating the health care providers as this will insult them. The best way to document is in a quiet manner, gently asking important questions. Most physicians appreciate someone who has the patientís best interest in mind.
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