When you visit a hospital or doctor, you rely on the medical professionals to deliver safe and effective healthcare.
But when things go wrong, the results can be catastrophic—anything from unnecessary pain to irreparable handicaps or even to death. Medical malpractice lawsuits may be an option when a medical professional’s negligence leads to undesirable health outcomes.
Unfortunately, medical malpractice lawsuits are among the hardest personal injury claims to prove in court. One procedural error can hurt or completely destroy your chances of success. That’s one reason to hire a reputable medical malpractice lawyer to get the help you need.
If you or a family member is going to file a claim for medical malpractice, you need to steer clear of the traps that ensnare most claimants. These are five such errors that can kill your case.
- Taking Too Long to File
There are statutes of limitations on medical malpractice lawsuits that place stringent time limits on filing them. The time limit is usually two or three years from the date of when the alleged malpractice was performed.
If you let this window pass, your case may be dismissed entirely, regardless of the strength of the evidence. Inaction also presents obstacles to discovering solid proof.
If you think that malpractice occurred, contact a personal lawyer immediately. The legal professional you hire will ensure you file on time and prepare a strong case.
- Failure to Keep Medical Records and Evidence
In medical malpractice cases, records are everything. Your medical history, prescriptions, lab tests, and treatment plans are usually the foundation of your case. Without requesting and maintaining these records, it’ll be difficult to win your case.
- Speaking Directly With Insurance Companies
Insurance companies—yours, your doctor’s, or the hospital’s—aren’t your friends. Their ultimate goal is to minimize payouts, not speed your recovery. An even bigger mistake is providing recorded statements or signing something without understanding the consequences.
Never deal directly with insurers on your own. Never sign releases or file claims with them. Have your attorney speak to insurance adjusters. This will safeguard your rights and keep you from unintentionally damaging your case.
- Settling Too Early
The financial pressure of medical bills and lost income may lead you to accept the first offer you receive. But being too hasty on that front will cost you more in the long run. Malpractice injuries are often long-term or even lifelong ordeals. You need sufficient compensation to cover surgery, ongoing therapy, and medication.
- Trying to Handle the Case on Your Own Without Professional Legal Help
Trying to do it yourself—or with the assistance of a lawyer who doesn’t handle malpractice cases—can derail your case. Without training, you may miss key filing deadlines, ruin qualified expert testimony, or waste case value. You’ll also deal with tons of stress when going it alone.
Get a good lawyer who has experience in medical malpractice cases. A good lawyer knows how to get the right kind of evidence, how to question medical experts, and how to assemble a winning case that will stand up in court.
You need someone who knows medical malpractice law inside and out to get the right outcome.
Medical negligence cases are extremely high-stakes—both to victims of the negligence and to medical professionals defending themselves. One way to tip the odds in your favor is to retain the services of a legal professional who has settlement and courtroom experience.
Again, winning medical malpractice cases is difficult. But that doesn’t mean it’s impossible. An experienced lawyer can build a strong case that helps you get the compensation you need to move forward.
