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What you should and shouldn’t do in a medical malpractice case

On Behalf of | Dec 29, 2022 | Medical Malpractice

If you’ve been injured because of your doctor’s negligence, you need to get serious about holding them accountable and recovering the compensation that you need to offset the damages that have been unfairly thrust upon you. The best way to do this is to take legal action against the medical professional responsible for your injuries, as well as their employer.

But as you plan to begin your foray into the legal arena, you might be worried about what you should and shouldn’t do to position your claim as strongly as possible. We hope this post will be insightful in that regard.

What you should do to build your malpractice claim

 There’s a lot that you can do right now to start building your case. This includes:

  • Obtaining medical treatment: You need to protect your health and safety first, which means seeking the treatment that you require. Following care recommendations also creates evidence that showcases the extent of the harm that you have suffered and your need for future medical treatment.
  • Keeping a journal: Non-economic damages such as pain and suffering and mental anguish may be key in your case, but those damages are hard to prove. Keeping a journal of how your injuries have affected you and your life can be helpful here, as it paints a clear picture for the judge and jury.
  • Talking to experts: The defense in your case is likely going to argue that it acted reasonably and within applicable medical standards when you were injured. You’ll need to be prepared to counter those arguments. One of the best ways to do so is to have an understanding of the medical event in question and what is expected under those circumstances. An expert in the medical field might be able to shed light on the subject, not just for you but also for the judge and jury if your case ends up heading to trial.

What you shouldn’t do as you’re working your case

 Although there’s a lot that you can do to start building your medical malpractice case, there’s a lot that you should avoid doing, too. In fact, each of the following could jeopardize your case:

  • Posting on social media: Even though you can find support on social media after suffering catastrophic injuries at the hands of your doctor, doing so can also be risky. Your pictures and words can be taken out of context and misconstrued, which could put your claim in jeopardy.
  • Cutting yourself short: It’s easy to try to write off an event as a mere accident or to accept a settlement that’s far less than what you deserve. After all, it’s less conflictual. But you need to be prepared to fight for what you’re owed. So, don’t cut yourself short as you prepare to navigate your claim.
  • Delaying action: Your medical malpractice lawsuit has to be filed within a certain period of time. Although it may seem like a large window, there’s a lot of work that you need to put into your case on the front end before you file. Therefore, if you’ve been harmed by medical malpractice, now is the time to take action.

Are you ready to fight for what you deserve?

 We know that the thought of taking legal action is stressful given that you’re just trying to find a way to cope with your injuries and get by on a day-to-day basis. That’s why legal teams like ours stand ready to help you craft the persuasive legal arguments that you need to position yourself for a successful outcome to your legal case.

If you’re interested in alleviating yourself of the burden of navigating your claim, we encourage you to reach out to a legal team that you think will give you the advocacy that you deserve.