Healthcare providers, particularly doctors, are trained professionals who should uphold high levels of ethical and professional standards. At times, the healthcare professionals may deviate from their standard operations that can lead to patient injuries or what is commonly known as medical malpractice. If you or your loved one has been injured as a result of the doctor's negligence, you are eligible to file a medical malpractice claim to recover a settlement for the damages caused.
However, medical malpractice cases are complicated since they are not easy to prove. It is difficult to determine whether the healthcare provider negligently contributed to the victim's injury or other factors did. There are different things that you need to consider if you want to do this type of case effectively. Read on to learn the dos and don’ts of filing a medical malpractice claim.
What You Should Do
You need to do several things that can help you support your case to increase the chances of winning it. The following are the things that you must do when pursuing a medical malpractice case.
Collect Different Medical Opinions
You must collect different medical opinions and corresponding records related to the incident of malpractice to support your claim. If you visit other medical providers to seek treatment for the condition caused by another physician, you must provide that information. Without sufficient medical details about your condition, it might be difficult to win your case.
Hire a Professional LawyerFiling a medical practice claim without sound legal representation is an uphill task. You need to hire a specialized attorney in medical malpractice cases to increase your chances of getting a fair settlement, if any. If you live in Washington DC, there are proficient medical malpractice lawyers that you can consider to handle your case. When you choose a Washington DC medical malpractice law firm, you will get peace of mind that the lawyers will primarily help people who have been hurt by negligent health workers, medical errors, and dangerous medical devices. Your attorney also reviews relevant medical records from various healthcare providers to determine the right course of action to take in your medical malpractice claim.
You must document everything that can support or prove your injuries. For instance, you need to gather photos and videos of yourself before sustaining the injuries. You can look for any visual media that helps to show the impact of the injury as a result of medical malpractice.
Obtain Death Certificates
If your loved one has died due to medical malpractice, you must obtain a death certificate, their will, and an autopsy report. Your lawyer will review these documents to provide sound legal advice about your claim.
Locate Your Income Tax Records
You need to collect your income tax records and historical paystubs since the law requires proof of lost wages. You must provide your work history and also gather any information about disability benefits.
What You Should Not Do
There are certain things that you should not do when you want to file a medical malpractice claim.
Don’t Ignore Doctor’s Appointments and Instructions
You should not skip any doctor’s appointment since the defense lawyer may try to discredit your claim at any cost. You must follow the physician’s treatment instructions to show that you care about your health.
Avoid Discussing Your Case on Social Media
You should avoid sharing the details of your case on social media as this can hurt your case. The defense attorneys will try to get any information they can use against you to discredit your case. even when someone asks about the case, do not share any details.
Don’t Delay Filing Your Claim
When you suspect that a medical procedure might have gone wrong or has injured you, it is important to contact your injury lawyer immediately. In different states, there are statutes of limitations that provide the time frame within which to file your medical malpractice claim. If the statute of limitation expires, you may lose your legal rights to get compensation for injuries caused by medical malpractice.
Pursuing a medical malpractice claim can be a daunting task since it is difficult to prove negligence against your trusted physician. While cases of medical malpractice cannot be ruled out, there are different things that you should do and avoid when filing a compensation claim. If you think that the trust you vest in your doctor was misplaced, the first and most important thing to do is to contact an experienced medical malpractice attorney. Your lawyer will help you with different measures that you should take to increase your chances of getting fair compensation.