Common Pitfalls To Avoid When Filing a Medical Malpractice Lawsuit

Has a medical professional failed to uphold the standard of care you anticipated, leading to serious injuries or other complications? Filing a medical malpractice lawsuit could make up for the financial difficulties this tragic event has placed on you. However, the idea of suing the medical provider may feel overwhelming or stressful.

Your lawsuit can be a smooth and low-stress experience with the right preparation. One way to prepare for your case is to understand a few common pitfalls to avoid.

If you need assistance finding a medical malpractice lawyer in your area, reach out to Accident Hotline today.

Avoid Missing the Statute of Limitations

Each state has its own statute of limitations for different types of civil lawsuits. This indicates the amount of time you have to file a lawsuit after an incident.

The statute of limitations for medical malpractice cases is often shorter than the statute for other negligence claims. In many states, it is just one or two years.

Find out the statute of limitations in your state, then file your claim as soon as possible to stay within any relevant deadlines. The sooner you file, the more evidence you will have available, as evidence preservation can be challenging in medical malpractice cases. You can strengthen your case by filing your lawsuit sooner rather than later.

Avoid Leaving a Medical Appointment Without Detailed Records

To prove that a medical professional breached their duty of care when treating you, you’ll need medical records — and a lot of them. Your medical records should clearly describe the injuries or other complications you experienced due to the medical provider’s error. They should also explain your condition leading up to the error and the symptoms you have experienced since then.

As you attend medical appointments, always walk away with detailed, comprehensive records. This may require you to request extra documents from your medical providers. Ask for these documents before you leave an appointment; if you wait too long, your provider may not remember enough details to include in your documentation.

Your attorney will use these medical records to support your medical malpractice lawsuit.

Avoid Posting About Your Injuries Online

Medical malpractice injuries can seriously alter your life, and the urge to post about the incident online may be strong. You want your friends, family members, and loved ones to understand what you are going through and provide support. However, posting about your malpractice case publicly could tank your lawsuit.

The defense could view your social media posts as evidence that you are exaggerating your injuries for attention. They could twist your words or compare your social media posts to your written testimony of the incident, looking for discrepancies or inaccuracies.

Avoid posting anywhere on social media during your case. While you’re free to share details afterward, be careful; certain information may be sealed or bound by confidentiality agreements.

Avoid Overlooking Compensation Caps

Serious medical malpractice injuries can lead to hundreds of thousands of dollars in damages across expenses like:

• Medical bills
• Time off work
• Loss of future earning capacity
• Pain and suffering
• Emotional distress

However, just because your case may be worth hundreds of thousands of dollars doesn’t mean you can expect to secure that amount. States set their own compensation caps on medical malpractice lawsuits. For instance, the cap in Texas is $250,000 for solo healthcare providers and $500,000 for hospitals.

Your attorney will discuss the maximum you can expect from a lawsuit award or settlement.

Avoid Ignoring Your Doctor’s Advice

While you await a settlement, you should be taking measures to help your injuries heal. Ignoring your doctor’s medical advice, missing appointments, or taking actions that put you at risk of further injury could harm your case.

The defendant’s counsel will see these acts as reckless or careless and claim that similar behavior led to your initial injury, not the defendant’s wrongdoing. Instead, take all appropriate measures to streamline your healing process.

Avoid Feeling Pressured During Settlement Negotiations

As much as 90% of medical malpractice cases settle out of court, never going to trial. This means you can also expect your malpractice lawsuit to settle out of court.

Settling means the defendant offers you a sum of money in exchange for circumventing the court process. Accepting a settlement saves you and the defendant time, but it also means you’ll likely accept a lower payout than you would if your case had gone to court.

When hearing settlement offers, avoid feeling pressure to accept the first offer presented to you. You and your attorney can negotiate a higher offer that better reflects your economic and non-economic damages.

You can proceed to court if the defendant fails to present a reasonable offer. However, medical practices typically prefer to settle out of court, and many would be willing to raise their offer to avoid a lawsuit.

Avoid Navigating Your Lawsuit Without an Experienced Attorney

Medical malpractice lawsuits require extensive evidence to win. The medical field has a sizable gray area: Just because a medical provider did something you disapprove of does not mean they are liable for your injuries. Given the immense importance of compelling evidence in your case, you need an experienced, committed attorney to guide you.

Medical malpractice attorneys have access to resources for evidence collection. They know how to build strong malpractice cases and convince the judge or jury of the provider’s negligence. The stronger your case, the more likely the medical provider will be to provide a settlement offer that adequately covers your expenses.

Spend time searching for a highly qualified attorney to represent you in your case. This detail could make or break your ability to gain compensation.

Find a Qualified Medical Malpractice Attorney Through Accident Hotline

Finding the right attorney to represent your medical malpractice lawsuit can be time-consuming. At Accident Hotline, we take the guesswork out of finding a professional, experienced attorney in your area.

We connect accident victims with personal injury attorneys across the U.S., providing 24/7 consultations to help you secure compensation for your accident-related damages. Reach out today at (844) 343-9609 to connect with an attorney for your medical negligence case.