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10 Mistakes to avoid when filing a medical malpractice claim

Medical malpractice

Filing a medical malpractice claim can be a stressful experience for anyone. The law is complicated, and malpractice cases are extremely rare, so it’s easy to get caught up in litigation and forget what it means to file your claim. Here are some common mistakes to avoid when filing a legal malpractice claim for the best experience possible.

1. Waiting too long to file a medical malpractice claim

Waiting too long to file the claim can cost you more money in the long run. If you wait too long to file a claim, your attorney has more work to do, and you’ll pay more in legal fees. By filing a complaint within one year after an incident, your attorney can get credit for all their time on the case.

2. Not disclosing your entire medical history

It is important to disclose your medical history if you believe that it could affect the case. However, it would be best if you were honest with your lawyer about any surgery or prescription medications you are taking.

3. Not following your doctor’s orders

The most common mistake in medical malpractice cases is not following your doctor’s orders. The problem with this is that if you do not follow your doctor’s orders, it may result in additional injuries or complications. That, in turn, may cause additional expenses to cover any damages awarded to you by the court.

4. Failing to ensure your medical malpractice claim is valid

In most situations, you must be sure your claim is valid before filing it. If it turns out that no real medical malpractice occurred or was ever thought to have happened, your claim might be in jeopardy. That’s why it’s usually best to investigate any potential claims thoroughly before filing.

5. Talking about the case on social media

It would be best if you professionally talked about your case to avoid the opportunity of your case being at risk. Unfortunately, social media outlets such as Twitter, Facebook, and Reddit have become the go-to forum for sharing stories and rumors. At the same time, there is little or no accountability to prove their validity.

Medical malpractice claim

6. Not gathering enough evidence

In any situation, gathering and presenting evidence is critical when filing a medical malpractice claim. The more evidence to support your claim, the more likely you will win your case. Mistakes that can be made during this process include not gathering all relevant information, not gathering the appropriate documentation, or improperly documenting what you have gathered, among others.

7. Medical claim error: Not hiring an experienced malpractice lawyer

Hiring a lawyer who has never practiced law in your state can be problematic. If you do not understand the state law, odds are this attorney does not either and, therefore, will not have an answer to your question.

8. Not hiring an expert witness

Not hiring an expert witness is a big mistake when filing a medical malpractice claim. You need an expert who can prove what was performed negligently and then show how this negligence led to your injury. An expert witness has years of experience, so they know exactly where to look for mistakes to build a strong case against you or your former doctor.

9. Accepting an unreasonable settlement offer

The best way to avoid a costly financial settlement is to insist on your rights. Seek the advice of an attorney specializing in personal injury law. The professional will help you determine what offer is reasonable and what is not, so you get the conclusion that is more likely to be one that brings you closure.

10. Misunderstanding the relevant insurance policy

Not understanding your medical malpractice insurance policy can lead to misunderstanding your potential liability. That can make it more difficult to understand the risks involved and how much compensation you may be entitled to after an injury.

Summary of medical malpractice claim filing

The more time you take to understand your legal rights and the legal process, the better your chances of getting a positive outcome. In most instances, the biggest mistake you can make when filing a claim is failing to do so at all.

Therefore, consider getting in touch with an attorney as soon as you believe you deserve compensation. Finally, always consult with a physician before stopping any medical treatment.


Top photo credit: Imagesource.Io (free image)

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