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5 Medical Malpractice Claim Mistakes and How to Avoid Them

One of the largest sums awarded as a result of a medical malpractice suit was for negligence in the delivery of a child in 2014. The amount awarded by the Illinois jury was $101 million. Little Gerald Sallis will need professional care for the rest of his life, and though money can never fix the damage, it can at least help his mom look after him.

Lodging a claim against a medical service provider can start a grueling process, but it’s often necessary for your own care and to regulate the medical industry. However, medical malpractice claim mistakes can derail your case and leave you with nothing in the end.

Keep reading this handy guide to see what to stay away from for your case’s sake.

1. Filing Too Late

If you believe you’ve suffered at the hands of medical staff, consult an attorney as soon as possible. There are several preliminary legal actions you have to perform before you can start your lawsuit. If you miss the medical malpractice claim deadline, your claim will be nullified.

2. Talking to the Hospital Before Seeing a Lawyer

If you believe a member of staff at a facility has wronged you then it’s best not to consult any of the staff about a potential case. Medical administrators, risk managers, and other staff will try to keep the establishment’s reputation clean. This may lead them to secretly build a case against you or even falsify and change records.

3. Hiring the Wrong Attorney

Even though there are thousands of personal injury lawyers in the United States, only those in your state will be in the best position to help you.

Different states have different laws, and hiring a local attorney assures that you get the best expertise in your state’s personal injury laws and case law. Also, vet potential candidates by researching their win records and any scandalous cases they may have been involved in.

4. Settling Early or Without Your Attorney’s Advice

Many people give up on their lawsuits and settle out of court when they grow tired of waiting for the legal system’s help.

Building a case and assessing damages takes a long time, but if you want to understand the fullness of what you are owed, it’s best to ride out the legal process until the end. This is especially true in medical malpractice cases where your future quality of life and care may be at stake.

5. Ignoring Doctor’s Advice

Insurance companies will do anything to avoid paying. When you file a medical malpractice claim the malpractice insurance will launch a strenuous investigation into your conduct as a patient. If they discover the source of your injury is that you failed to follow your doctor’s orders you almost certainly lose the case.

Avoiding Medical Malpractice Claim Mistakes

The best way to avoid making medical malpractice claim mistakes is by thoroughly researching the topic and consulting a local attorney before the claim filing process starts. If you’ve followed your doctor’s orders and were injured, contact an attorney as soon as possible and start building your case.

A medical malpractice case is one of literally thousands of reasons to hire a lawyer. If you want to find out about other common reasons to hire legal services, check out the latest article on our website.

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