According to statistics, about two percent of patients admitted under acute-care hospitals suffer from healthcare malpractices or simply medical errors. In cities like San Antonio, where thousands rely on hospital care each day, even a small percentage translates to a significant number of affected individuals.

Sometimes our loved ones happen to fall under the hands of careless medical practitioners or a misdiagnosis that went completely wrong. It is quite normal to want justice for your loved one since everyone takes their patient to hospital, hoping for the best outcome.

So, when things go wrong, what options do you have as you seek justice? How can you prepare a case for medical malpractice? Here are some things any parent needs to know when going the legal way.

Blurred scene of a hospital hallway.

Documentation

The first thing you do when deciding to file for a complaint is gathering all the documents used during the medical interaction. These documents come in form of scans, medical records, lab results, medication used, and the medical communication logs detailing the care given. 

By collecting documents, you lay down the foundation necessary for any future action you see fit.

Sometimes, all the documents can be sourced from online portals, physical copies, or text messages. The sooner you get the documents of your loved one through patients’ online portals, the better, as most medical facilities restrict patients’ medical files in cases of death.

Familiarizing Yourself with Autopsies

In situations where a patient has died as a result of medical errors, you, as the next of kin, should request for an autopsy. The main purpose of the autopsy is to determine the cause of death. 

In cases where the chief medical examiner might refuse to give the go-ahead to have an autopsy conducted, it is advisable to have your private autopsy performed. You must be vigilant and act fast in order for the private autopsy to be conducted, especially if your family member has been in the hospital for less than 24 hours.

One thing you should be aware of is that the cost of having a private autopsy wholly falls on the family.

The most common cause of medical negligence is medication errors. Thus, a toxicology result may take months before you know which drug was administered during the error. Patience is needed.

Filing a Grievance

As soon as you are convinced that there was a medical error with your loved one, it is advisable to file a grievance with the institution where the incident happened. 

You can start by interacting with the nurse supervisor and ask them to give you the steps used when filling out a grievance. 

But we must know that there are certain things you need to keep in mind. Firstly, the hospital knows more than you know. The institution might be fully aware of how the error occurred, and they might try to sweet-talk you into letting go of the case. Always have an attorney to inform you of your rights. 

If you are doing the documentation yourself, always record any verbal communication between you and the hospital heads.

After you have collected all the documentation mentioned above, it is now time to look for an attorney who is conversant in both medical and legal law. 

Going about medical errors legally in San Antonio can be difficult if you don’t have the knowledge and the expertise. Hence, you will need to find a highly reviewed medical malpractice attorney in San Antonio. You’ll find that good law firms will tackle different angles like childbirth injuries, misdiagnosis, anesthesia errors, surgical errors, foreign objects, wrongful deaths, brain injury, nursing errors, and hospital negligence, amongst other things.

Therefore, when you present your documentations to the law firm they can begin, as early as possible to guide you in the right direction, and represent you, every step of the way.

Just remember that the law firm will need to collect and examine the data to ensure the best course of action.

Common Misconceptions Around Medical Negligence

While you try to find justice for your loved one, it is good to know some of the misconceptions a lot of people have when going the legal way.

Medical Billing

A lot of families believe they are not supposed to cover the bill incurred as a result of medical malpractice. This is not the case since all bills are forwarded to the insurer for billing. 

If the insurer pays for the bill and you enter into a settlement with the hospital, the insurer should be refunded their money in full. 

Nothing Will Change Even with Litigation.

Most patients’ cases of negligence don’t exist from only one error. It is usually several errors that pile up over time. 

You might not change the health care system, but you can use your grievances as a way of educating people on the importance of holding medical practitioners accountable for their negligence. 

Conclusion

Navigating legal help in cases of medical negligence can be challenging and a long process. There is no need to do it alone. 

Taking measures ensures that you get justice for your loved ones, at the same time contributing to the improvement of medical standards of those patients who will come after you.