Mistakes to Avoid When Filing a Medical Malpractice Claim

According to a study by Johns Hopkins, over 250,000 people in the U.S. die because of medical errors every year. Medical malpractice arises when a medical practitioner injures a patient through negligence. Medical negligence is usually in the form of mistakes in diagnosis and treatment. If you are a victim of medical malpractice, here are some errors you need to avoid when making a claim.

1. Failing to File a Claim in Time

If you have sustained injuries due to medical malpractice, consult an attorney immediately. Your attorney will analyze your case and determine whether you have a claim.

In addition, your attorney will advise you on the statutory limitation for the claim you want to pursue. In medical malpractice claims, you need to perform specific actions before you file a lawsuit. Failing to satisfy these conditions within the appropriate time will render your claim null and void.

2. Hiring the Wrong Attorney

There are more than 135,000 personal injury attorneys in the U.S. These attorneys are skilled and experienced in different fields of personal injury law. Furthermore, some legal procedures and rules vary depending on your location. Therefore, it is important to vet your attorney.

Make sure you hire someone who specializes in your personal injury claim so they can leverage their previous experience to build a strong case. Ensure your attorney is familiar with the legal statutes for medical malpractice cases in your jurisdiction.

3. Oversharing Information

The statement that "anything you say may be used against you" also applies to medical malpractice claims. Don't engage an insurance agent without the presence of an experienced attorney. The insurance agent will try as much as possible to find incriminating evidence or information that will minimize your claim. A rule of thumb is never to disclose more than you should and not to exaggerate your claim.

Another mistake would be sharing information regarding your intentions on social media. Statements about your medical malpractice case on public forums will be damning to your claim.

4. Failing to Follow Your Doctor's Orders

The basis of your medical malpractice claim is proving that the doctor's actions caused your injury. One mistake many victims of medical malpractice make is not following their doctor's instructions. Even when a doctor makes an error during diagnosis or treatment, you shouldn't aggravate the situation by failing to comply with their orders.

Insurance companies often use any gaps in treatment to attack the validity of your claim. If you disregarded your doctor's instructions or missed an appointment, these mistakes will weaken your claim. In some cases, you may be held comparatively negligent.

5. Settling Too Early

Many medical malpractice cases are handled out of court. This is the most popular option because of fast decisions and low costs. However, this doesn't mean you should accept the first offer the defense throws your way.

You must undergo a proper assessment to determine the full extent of the damage. Seek a second opinion from an independent medical practitioner to eliminate any doubt. Additionally, your attorney should calculate your losses after considering your medical bills, pay stubs, and pain and suffering. Approaching a medical malpractice case with sufficient information will ensure you don't settle for less than you deserve.

Medical malpractice claims typically involve cases like misdiagnosis, failure to treat, surgical errors, prescription errors, and other related incidences of medical negligence. Higinbotham & Higinbotham, PLLC, has been in the field of personal injury law for more than 130 years. You can count on us for a solid prosecution that will lead to a fair ruling. Contact us now for a review of your claim, so we can go through all your legal options.