Consider all of the great advances in medicine over the years. From pharmaceuticals and surgical methods to patient care and database technologies, the industry has been completely transformed.
Every medical professional around the country boasts the best patient care to gain your trust. With open-door policies and cutting-edge medicine, who wouldn’t trust professionals with the required credentials? However, despite medical advances and trusted patient care, even the best medical professionals make mistakes. Sometimes, these mistakes can be costly.
Medical errors are the third-leading cause of fatality in the United States, leaving more than 440,000 Americans dead annually, according to a John Hopkins University study.
If you find yourself or a loved one has experienced medical malpractice and are dealing with the repercussions (through injury, complications, and even death), you may be seeking both financial compensation and answers.
Why did this happen? Who is to blame? Is there a history of this particular medical malpractice claim?
Pursuing a medical malpractice lawsuit against the hospital or healthcare provider is a heavy undertaking. Filing a claim can be confusing for someone who doesn’t have knowledge of the legal system when it comes to medicine. A reputable medical malpractice attorney can help you to avoid some common mistakes that people make when filing a medical malpractice claim.
Common Mistakes Made When Filing a Medical Malpractice Claim
There are several mistakes people make when jumping into a medical malpractice lawsuit. Slow down, do your research, and contact a reputable medical malpractice attorney to avoid these common mistakes.
Misreading the Insurance Company
As with many other industries, the healthcare industry is heavily cushioned and backed by the support of some of the world’s largest insurance companies.
The insurance companies that back healthcare providers are highly dedicated to protecting their bottom line, i.e., your doctors, nurses, etc. If you are filing a medical malpractice claim involving one of their licensed and insured practitioners, be prepared to put up a fight.
While you may think that insurance companies are there to pay off in the event of such an emergency or tragedy, the companies will fight for you to drop the claim or settle for much less than what you may actually deserve for your medical malpractice claim.
Failing to Follow Doctor’s Orders
Following any appointment or medical procedure, you are likely given some paperwork detailing what you should do for the recovery period. This could include prescription medication, physical therapy, follow-up appointments, and/or restrictions ordered as preventative care.
So how does this factor into medical malpractice?
Even if a medical professional, whether a surgeon, doctor, or nurse, has made an error, failure to follow the doctor’s orders will hurt your case.
You have to prove that you haven’t somehow made the situation worse by not complying with the doctor’s orders or follow-up protocols. Gaps in treatment will be logged by insurance companies in the event of a medical malpractice lawsuit and could be used against you.
Failing to File a Case in the Required Time Frame
If you’re dealing with an injury, the death of a loved one, or other damages due to medical malpractice, you may be more focused on how to handle those situations rather than pursuing a case. When it comes to anything legal, time is of the essence, meaning that the sooner you take action, the better.
While each state has its own laws regarding medical malpractice, most operate under a statute of limitations. Many states limit medical malpractice case filing to two years after the incident.
Documenting every incident, appointment, follow-up, etc., is relevant and timely when it comes to developing a case and filing promptly. Specific actions are often required before filing a full lawsuit, so consulting an attorney as soon as possible is in your best interest.
Settling Too Soon
Medical fees add up. Court fees can add up too. This makes pursuing a medical malpractice case a financial stretch for some. Avoiding continued court fees might be your go-to strategy, causing you to settle for an amount much less than what you deserve for your medical malpractice claim.
Find an attorney that will assess your situation to its full extent and make sure you get the amount you deserve for your case. Settling out of court isn’t a bad idea, but getting the compensation you deserve for the trauma you have endured can take time.
Turn to Attorney Steve Newman for Your Medical Malpractice Case
Licensed to practice law in state and federal courts in both New York and New Jersey, Attorney Steve Newman has represented clients in all 50 states for over three decades and is prepared to represent you in winning your case.
Practicing law in medical malpractice, personal injury, construction litigation, and more, Steve Newman utilizes an extensive network of board-certified physicians to analyze whether medical malpractice occurred.
Contact the Law Offices of Steve Newman today for an attorney committed to you and your claim.