Tips to Win a Wrongful Death ClaimTips to Win a Wrongful Death Claim


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Tips to Win a Wrongful Death Claim

After the loss of a loved one, our family had to take action quickly to protect our rights to sue for wrongful death. We tried to handle it alone, but we soon found ourselves looking for professional legal help. There were many twists and turns in the legal process that we had not expected. Even though the company was in the wrong, it was not until we got help that we were able to win. I started this blog to help other families who are going through similar situations. With this guide, hopefully no one else has to go through the experience our family suffered.

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Medical Malpractice Personal Injury Claims: 3 Ways You Can Prove An Early Discharge Was Negligent

Most people put their blind faith into physicians and medical professionals; however, medical negligence is actually and unfortunately the 3rd leading cause of death in the U.S. Medical professionals often make critical errors that delay the diagnosis or cause a misdiagnosis. There are many different situations that could lead to medical negligence. Early discharge from a hospital can be one of them. If you believe that you received substandard medical care caused by an early discharge, here are 3 ways that you and a personal injury attorney can go about proving that the hospital was negligent in your care and responsible for compensating you for the aftermath that followed.

Failure to Properly Diagnose and Treat the Condition, Leading to Significant Worsening

Were you rushed out of the hospital? Did the physician not have sufficient time to conduct a thorough examination and inspection, which led to a misdiagnosis or an improper diagnosis? If you had received medical treatment elsewhere, would another medical professional have reasonably made the correct diagnosis? These are all of the questions that you and your personal injury attorney need to explore in order to determine whether the hospital was negligent in discharging you too early, to the point where you were unable to receive a proper diagnosis.

In order for you to make such claims in court, you will need a medical expert to testify on your behalf that the improper diagnosis was indeed unreasonable. The medical expert will need to provide you with a signed affidavit stating that your case has reasonable grounds, that it was unreasonable for the hospital or the physician to provide you with an incorrect diagnosis considering your condition at the time and that the improper diagnosis did indeed cause your condition to worsen significantly. The medical expert should be able to prove that, if you were diagnosed properly from the start, your condition would have been in a better position and state than it is in now.

Lack of Necessary Proper Testing and Examinations Conducted Prior to Discharge

If the physician at the hospital suspects that you have a certain condition or a certain disease, set protocols must be followed. The physician must order that you take certain texts and examinations prior to being discharged in order to prove that their diagnosis is correct or in order to rule out certain other conditions and diseases. If you were rushed out of the hospital and the hospital did not conduct any of the necessary proper testing and examinations required, you may have a case on your hands.

A medical expert will need to testify as to whether there are any set protocols in place as to what is expected from the hospital. For example, if the physician suspects head trauma, a medical expert might testify that the physician should have ordered a CT scan. Your personal injury attorney and the medical expert will then need to examine your medical records to determine exactly why you didn't get one. If you didn't refuse treatment, but were rather refused treatment and discharged too soon, you could sue the hospital for medical negligence if your condition worsened.

Inability to Schedule Necessary Follow-Ups Required by Medical Standard of Care

Even if the hospital followed all of the necessary protocols and conducted all of the necessary testing when you were at the hospital, they might still not have performed proper aftercare. Before discharging you from the hospital, an attendant should have confirmed that you did not require any follow-up appointments or additional medications before you left. If the hospital failed to do so and you can prove it, then the hospital can be seen as negligent.

You will need to prove that the physician did order follow-up appointments or that follow-up appointments are absolutely necessary in cases similar to yours. You will then need to prove that the hospital simply did not notify you of the need to have follow-ups or did not schedule any for you.

Conclusion

Going up against a hospital can be tough. You'll need an experienced and specialized personal injury attorney to help you with your case. The attorney should be familiar with medical protocols and procedures, and should work closely with a medical expert to help you build a strong case that proves that the medical professional's' negligence caused your condition to worsen. If you're interested in learning more, check it out here.