5 Mistakes to Avoid When Filing a Medical Malpractice Clai
Did you know that medical mistakes are the third-leading cause of death across the U.S.? Patient safety professionals at Johns Hopkins suggest that north of 250,000 fatalities every year stem from medical errors.
That’s enough to make one’s head spin — especially if you need help from the medical community. If a medical professional’s negligence causes serious harm, you’ll want to explore every option to get the help you need. That’s one reason to retain the services of a medical malpractice lawyer.
But here’s the thing. Medical malpractice cases are notoriously difficult to win since proving negligence isn’t nearly as easy as it might appear. You can make things even more difficult, and further lower your odds of a successful legal outcome, by making any of these five mistakes.
- Waiting Too Long to File a Claim
If you believe a medical professional’s negligence has caused your injuries, delaying a decision to file is the wrong move. You need to find out the statute of limitations in your state, retain a medical malpractice attorney, and pursue a filing well within the deadline. Waiting too long might be all it takes to derail what might otherwise be a successful case.
So, find a lawyer specializing in medical malpractice and see if you have an actionable case. Delaying a move could be dangerous as far as getting a measure of justice.
- Failing to Consult a Medical Malpractice Lawyer
While some brave souls go the self-representation route when dealing with the legal system, that’s one of the biggest mistakes you could make. Succeeding while going the self-representation route is more suited to the dramas unfolding on the big and small screens. But that’s not real life — it’s a made-up script.
Medical malpractice cases are arguably the most difficult to win of all the personal injury types. Most doctors who find themselves facing such charges win their cases. And the reason for that is that proving negligence is difficult.
An experienced medical malpractice attorney is your best bet if you want good odds of winning your case. If you self-represent, the scales of justice will not be in your favor. A good legal professional will, however, give you a good chance to win.
- Failing to Target the Right Defendant or Defendants
It’s also essential that you target the right defendant or defendants. Proving negligence is hard enough as it is. You don’t want to complicate things further by failing to identify the right defendant.
If your harm came after being treated in a hospital setting, for example, you must be certain which nurses, doctors, surgeons, or other medical staff harmed you. You may, depending on the circumstances, also be able to target medical care institutions and pharmaceutical businesses. Your lawyer can help you identify the right parties to target.
- Overlooking the Need to Obtain Expert Testimony
You should also consider the benefits of getting expert testimony. In fact, you might have to obtain expert witnesses to demonstrate that a healthcare provider’s actions were not in line with proper medical standards or protocols. Find the right professional since the performance of this professional can factor significantly into whether or not you win or lose your case.
- Accepting a Low-Ball Offer Too Quickly
Another mistake to avoid when filing a medical malpractice case is accepting a low-ball offer or any offer too fast. You need to think things through as well as know what qualifies as a fair offer in the first place.
A good lawyer will have a ballpark figure to aim for. Your present and future medical expenses, pain and suffering, and lost wages will play a role in how much you can get. Rather than speaking to the insurer directly, allow your medical malpractice lawyer to work for you.
Avoid these five mistakes if you want to improve your chances of winning a medical malpractice case. The first step is hiring a good medical malpractice attorney who can explain the process, help you file a claim, and boost your odds of getting the compensation you deserve.
