4 Mistakes To Avoid In A Medical Malpractice Or Negligence Suit

Posted by on Nov 6, 2014 in Uncategorized

When a health care provider has done something that has negatively affected your health, you might consider suing them. However, in order to mount a successful medical malpractice or negligence suit, you need to avoid certain mistakes that could result in a judgement against you. Here are four mistakes to avoid.

Suing the Wrong Person

In order for your lawsuit to be successful, you need to be sure that you sue the right person or people. The person you sue needs to be directly responsible and at fault. For instance, if a doctor did not order a test that would have been reasonable considering your health condition, that could be a sign of negligence. However, if the doctor ordered the test but a lab technician made a mistake of some kind, causing the doctor to treat you differently than he may have treated you otherwise, suing the doctor will do you no good.

Assuming You Will Go to Court

You may think you are eligible for a very high financial reward, but realize that many malpractice and negligence cases are settled out of court. Most health care providers carry malpractice insurance, and the insurance company will definitely contact you with an offer if they feel that your claim is legitimate. The amount they offer you may be lower than you expect, but it can save you the time and expense of a court trial. If you don’t feel the settlement is fair, you can still proceed to court.

Not Keeping Good Records

Suing a healthcare provider cannot be successful for you unless you have proof to back up your claims. Get copies of the doctor notes, hospital records and treatment plans so you can show what was done to you. Write down specific dates of tests and treatments, and try to write an accurate description of what was said to you.

However, it is not enough to show the treatment you received—you must prove that your health suffered as a result of their care. See at least one new healthcare provider who can officially document any damage to your health and provide a professional opinion.

Not Protecting Social Media Profiles

You may not know this, but as a part of the discovery process, the health care provider’s lawyer may be investigating your social media activity. Anything you post on social media sites may end up being used against you in court. Therefore, as soon as you file your lawsuit, make sure that all of your social media profiles are made private and viewable only to people you trust. If you cannot make a particular profile private, be extremely careful about anything you post.

If you are going to sue a health care provider because of malpractice or negligence, it’s important to avoid the errors listed above. Consult a medical malpractice attorney to make sure that you do everything properly, so you can get the outcome you deserve.

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