September 21, 2023

The Top 7 Mistakes People Make During Medical Lawsuits: According to Medical Malpractice Lawyers

tactile medical lawsuit

tactile medical lawsuit

You have to be careful when dealing with the law. Any skilled medical malpractice lawyer in Baltimore will tell you how easy it is to make a mistake during a medical malpractice lawsuit. Avoid making the mistakes outlined below to increase your chances of winning a settlement that covers your damages adequately

The Top 7 Mistakes People Make During Medical Lawsuits According to Medical Malpractice Lawyers in Baltimore

1. Not Contacting an Attorney ASAP

You should start working with a medical malpractice attorney from the moment you realize you’ve experienced medical negligence. Most people don’t know what to do in the days or weeks following an experience they believe might be medical malpractice.

An experienced malpractice attorney can evaluate your situation to see whether or not you may have a malpractice case on your hands. From there, they can guide you through what you need to do step-by-step. Click this link to learn more about why you need an attorney to help you with your case.

2. Getting Further Treatment From the Same Doctor

If a doctor has injured you, then you need to seek treatment for that injury right away. Go to a different doctor, as you may not be fully safe with the doctor who injured you. Plus, getting more treatment from a doctor who caused you to harm will make it look like you’re not too worried about trusting that doctor again, and that can harm your case.

If a doctor misdiagnosed you, failed to diagnose you, gave you the wrong medication, or something else, then going to another doctor is also vital. It’s best for your health, and it’s beneficial for your case. Receiving proper care from another doctor only solidifies the fact that your prior doctor did something wrong.

3. Not Having Evidence to Back Up Your Claim

An insurance company paying out for a malpractice claim needs to see substantial evidence showing a physician or hospital was negligent. If you experienced a surgical error, such as wrong-site surgery, then your medical records can serve as solid evidence of a physician’s negligence.

However, you and your attorney will need to work together to gather evidence if your claim isn’t so easy to prove. Numerous types of evidence can strengthen your case depending on what type of malpractice you’ve experienced. Ideally, you’ll have as much evidence as possible before you file the lawsuit. The more evidence you have, the stronger your case will be.

4. Refusing a Medical Assessment

You’ll most likely need to undergo an assessment by a medical expert that you haven’t previously met. They’ll examine you and give a statement regarding the state of your health, and they’ll also weigh in on whether or not they believe the physician or hospital you’re suing acted negligently. If you refuse this assessment, then it will harm your case.

5. Not Sharing All the Details Right Away

Provide your attorney with all the details you can remember about your experience. Do this as early as possible in your case assessment. If you start adding extra details mid-lawsuit, then the liable party’s insurance company may find it suspicious, and they might try to use this against you. Plus, being detailed as early as possible can help with your attorney’s investigation.

Misremembering or forgetting a detail or two is normal, but leaving details out because you didn’t think they were important is never something you should do. Every little detail matters in these cases. Your attorney would rather you share information with them rather than keep it to yourself, just in case one of these small details you share does turn out to be helpful. You can never share too much, but it’s easy to share too little.

6. Discussing the Case With Friends and Family

Your attorney doesn’t share details of your case with anyone due to attorney-client privilege. You should act the same way. Avoid talking about the details of your case with friends and family. Don’t post anything about it happening on social media. Ideally, as few people as possible will know you’re dealing with a medical malpractice lawsuit.

7. Seeking Too High a Settlement

Some people feel wronged by a physician, so they may be tempted to request an extremely high settlement in retaliation. This is understandable, but unfortunately, it can hurt your case. Your attorney will calculate your entitled amount based on your economic damages. Non-economic damages are also carefully calculated, and your attorney will never try to win you an unrealistically high settlement or a sum that doesn’t cover all your damages.

Listening to your attorney and doing as they request will prevent you from making any of the mistakes above. Your attorney knows what they’re talking about, so always take their advice regarding your lawsuit. They just want what’s best for you, and they’d like to help you win a fair settlement.

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