Mistakes To Avoid When Filing a Medical Malpractice Claim

Numerous deaths in the U.S. are a result of medical malpractice. Medical negligence usually occurs when a doctor makes mistakes when diagnosing and treating a patient. If you are a victim of medical malpractice, avoid the following errors when making a claim.

Failing to Follow Your Doctor's Instructions

If a doctor makes mistakes when treating you, showing you did not worsen the situation by failing to comply with their orders is critical.

Otherwise, if you have any gaps in treatment, the insurance company could use them to deny your claim. You are comparatively negligent if you disregard your doctor's order or miss an appointment.

Taking Too Long to File a Claim

After a medical malpractice incident, you should file a claim immediately. Each state in the U.S. has statutes regarding the time limit for filing a medical malpractice claim.

Therefore, if you suspect that medical negligence led to your injuries, consult an attorney to help you file a claim within the statutory limitation period of your state. Your attorney will help you document your issues. Furthermore, they can help you secure a second opinion from an independent medical specialist.

Suing the Wrong Person

One of the biggest challenges when filing a medical malpractice claim is identifying which person to sue. If you have seen many medical providers, knowing who to sue can be challenging for you. Suing the wrong party or failing to include a party in your claim may weaken your claim. Consult an attorney to help you identify the person or institution you should sue.

Failing to Request for Your Medical Records

Your medical records provide information your attorney can use to support your claim. These include test results and records of previous treatments.

Under HIPAA, patients can inspect, review, and receive copies of their medical and billing records healthcare providers have because of the Privacy Rule. Therefore, do not hesitate to obtain these records. If you do not request for your medical records in time, you risk someone getting rid of them and destroying significant evidence.

Oversharing Information

In medical malpractice claims, anything you say could incriminate you. With this in mind, do not talk to an insurance agent without the presence of an attorney. The insurance agent could try to find incriminating information that might minimize your damage award. As a rule of thumb, do not disclose more than you should. Also, never exaggerate your claim.

Another mistake is sharing information about your case on social media. For example, if you claim a doctor's mistake left you needing a wheelchair, posting a photo of you standing up may weaken your case. Insurers can use your social media comments and photos and interpret them to their advantage.

Settling Too Early

In many personal injury cases, plaintiffs agree to settlements too early to avoid court fees. Go through a proper assessment to determine the extent of the damage. 

Seek a second opinion from a medical specialist and calculate your losses based on your medical bills, loss of income, and pain and suffering. If you fail to take these steps and settle too early, you might get less than you deserve. 

Medical malpractice claims normally involve cases like failure to treat, misdiagnosis, prescription errors, surgical errors, and other incidences of medical negligence. Spiegel & Barbato has many years of experience in medical malpractice and will professionally guide you through all the stages of your case. Contact us today to review your case. We will also be happy to go over any questions or concerns you have. Let us know how we can best help you with your legal situation.