Do's and Don'ts of a Medical Malpractice Claim

Medical malpractice happens when a medical practitioner fails to provide the right medication, does not take the right action, or administers treatment to a patient that may cause harm, injury, or death. Examples of medical malpractice incidents include; failure to diagnose or prescribe the wrong diagnosis, wrong drug prescription, wrong or unnecessary surgery, and leaving surgery tools inside a patient's body. 

Medical malpractice may be the last thing on your mind when you or your loved one is receiving treatment. However, if you feel a medical practitioner has not dealt with your issue with the utmost professionalism, you may file a medical malpractice claim. Below are some of the do’s and don'ts of filing a medical malpractice suit.

Do Collate All Medical Records

Evidence is very important in any medical malpractice case. Collect and safely record all documentation from the hospital. The documentation includes payment receipts, doctor's reports, and any scans like x-rays that you may have undertaken.

Photographs of any physical injuries or bodily harm you experience are also great evidence. If you can, keep a journal detailing everything you can in chronological order in a way that will be easy for a third party to understand. All these documents will act as evidence for your lawyer as they try to get you the best settlement claim.

Do Contact Your Lawyer Early

Once you notice that you are not receiving the most professional medical care and decide to seek medical malpractice compensation, you should immediately reach out to a lawyer. The attorney will guide you on the next steps toward filing your settlement claim. The attorney will also help you gather all the necessary material to further your case.

Do Act In Haste

As much as possible, act quickly to gather all the information you need from the doctor or the hospital. Once you file a claim against them, getting information may become a challenge.

Don't Overshare Information

When filing a medical malpractice claim, you should be careful what you share online, as well as what you share with your friends and family, the insurance adjuster, the medical facility, and its staff. What you say or share may work against you during your settlement claim.

Run things through your attorney if you have to post online. If at all you need to speak to any officials, make sure your lawyer is always present and make sure to record the conversation.

If there is any evidence that the opposing side tables, make sure to get your copy. If you can, try to get and keep a record of any information they may share online or with other parties necessary to the case.

Don't Assume Anything

A great mistake when seeking a medical malpractice claim would be to leave things to chance. Do not assume that you know the next steps or that the medical facility or doctor will aid in your case; you should always follow up and get a confirmation for any step of the case. Insist on written communication and signed documents that you can refer to at a later date.

Don't Act Without Your Lawyer

Do not start any settlement negotiations or even try to file a medical malpractice claim without the guidance of an attorney. A lawyer will guide you every step of the way as they have experience handling such cases; this will save you from unnecessary back and forth and will also make the process much easier for you.

While we don't wish for you or your loved ones to ever need a medical malpractice lawyer, sometimes the need is inevitable. If you are in this situation, reach out to the Law Offices of Janice Maloney today for a consultation with one of our medical malpractice lawyers.