The Dos and Don’ts of Pursuing Medical Malpractice Claims

The Dos and Don’ts of Pursuing Medical Malpractice Claims

Law Offices of Steven Zwick Dec. 21, 2018

Medical malpractice claims are much more common in the United States than many people may believe, with about 20,000 medical malpractice claims filed every year. These claims can range from medical errors made during surgery to an improper dose of medication. The primary feature of medical malpractice claims in personal injury law is that a patient suffered an injury under the care of a medical professional that could have been prevented. Know these helpful tips for handling medical malpractice claims and you’ll be better prepared if you need to file a claim.

  • Do collect all medical records. Any medical records that are related to or following the incident of malpractice will be key pieces of evidence in your case. Your attorney will need to review relevant records from the hospital, other medical providers, rehabilitation centers, and any other physician you’ve seen.

  • Don’t discuss your case on social media. Blogging, emailing, and posting on social media about your case is the surest way to hurt it. The defense attorneys will use anything you write or say to discredit your case. Keep in mind that attorneys can even find deleted pages or pages on private settings.

  • Do gather any relevant photos and videos. To prove that the medical provider caused your injury, you will need photos and videos of you before the incident and after it. Ask your family and friends for any form of visual media that shows you before your injury affected your health.

  • Don’t skip any doctor’s appointments. Defense lawyers will attempt to discredit your claims by scrutinizing you and your injuries in any way possible. To prove that you’re doing all you can for your health, you need to follow all of your physician’s instructions and not miss any post-injury appointments.

  • Do obtain birth and/or death certificates. Birth certificates are often needed to settle a claim. If you are pursuing a wrongful death claim for someone who died of medical malpractice, you will need their death certificate, autopsy report, and will.

  • Don’t wait to contact a personal injury lawyer. As soon as you suspect a medical procedure went wrong and caused an injury, you need to contact a personal injury lawyer. Most states have a statute of limitations on medical malpractice cases, so you will want to be within that time frame. You will also want timely photographic evidence to prove the extent of your injuries.

Pursuing a medical malpractice claim can be frightening, as you’ve always trusted physicians to take care of your health. If you find that this trust was misplaced, contact an experienced personal injury attorney to help you get the compensation you deserve.