7 Ways to Improve Your Chances of Winning a Medical Malpractice Lawsuit
Medical malpractice lawsuits are some of the most complex and challenging cases around, but even so, many people win their cases. Medical malpractice lawsuits are common. An estimated 100,000 Americans either die or are permanently disabled each year because of a misdiagnosis, although not everyone files a lawsuit.
While there’s no guarantee you’ll be successful, understanding how to strengthen your case can significantly improve your chances of getting fair compensation.
Whether you’re dealing with a misdiagnosis, surgical error, medication mistakes, or something else, here are some tips for building a strong foundation for your claim.
- Understand the elements of a medical malpractice claim
First and foremost, it’s crucial to understand the foundational elements that must be present to form a medical malpractice claim. According to Wilt Injury Law, there are three main elements to prove:
- There was a professional doctor/patient relationship.
- The physician or practitioner violated a standard of care and acted negligently.
- Negligence resulted in provable injury and harm.
These three factors must be established for a medical malpractice claim to be valid. The best way to establish these points is to hire a lawyer to handle your case. They’ll know exactly how to establish these facts and move your case forward.
- Document everything
As with any case, documentation is necessary. If you didn’t document everything at the time it happened, do your best to recall what happened and write down all the details you can remember. Be sure to describe all of your complications or other issues that arose from your situation. If there were any witnesses, document their names, just in case.
It’s also important to have a record of all the healthcare providers involved in your care, including individual nurses if possible. You’ll also need photos of visible injuries or conditions, and all of your medical bills, prescriptions, and any correspondence from your medical providers.
- Request complete medical records
As soon as possible, request your complete medical records from all facilities involved in your care. Make sure the records include test results, lab reports, and any imaging you may have had done. Don’t forget to request a copy of all doctors’ notes and nursing logs.
- Hire an experienced medical malpractice attorney
You won’t stand a chance at winning your lawsuit alone, so find a medical malpractice attorney in your area with a proven track record of getting results. They will help you navigate the complexities of the court system while presenting a strong case in your favor to help you win the compensation you deserve. Only an attorney will know how much your case is worth. For example, for misdiagnosis claims, payouts for infections are the highest, followed by vascular events and cancers.
- Never accept an outside settlement
If you’re in the process of pursuing a medical malpractice lawsuit, and you’re given the private opportunity to accept some money outside of court, don’t accept it without talking to your attorney. Chances are, the person you’re suing is only trying to get you to drop your case. It’s unlikely that you’ll be offered a settlement that is anywhere near fair, and if you accept it, you lose the right to sue.
Always go through the proper channels to negotiate a settlement out of court if your lawyer says that’s the right move. Let your attorney handle all the negotiations, and if anyone contacts you privately, politely refer them to your attorney. If they persist, ignore them and don’t answer their calls.
- Keep quiet
Talking about your case can potentially harm your ability to win, so don’t discuss your case details with anyone in your family, with your friends, and certainly not online. Don’t even discuss your medical conditions publicly using an anonymous account. You’d be surprised at how nit-picky the other side’s attorneys can get, and all it takes is one tiny mistake to destroy your case.
- Complete your prescribed treatments
If your doctor has given you a treatment plan, follow it to the letter. It’s understandable if there are some things you don’t want to do, like undergoing surgery or taking a certain drug, and in that case, ask about alternatives. However, don’t skip everything because that will only make it look like you aren’t truly injured.
Fight for your future with a medical malpractice attorney
Winning a medical malpractice lawsuit requires strategic preparation, thorough documentation, and action. While there’s no guarantee of success, working with a skilled attorney will give you the best opportunity to achieve a favorable outcome.
