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If a healthcare provider’s negligence, misdiagnosis, or incorrect treatment resulted in injury, you could have grounds to file a medical malpractice claim. This means you could be entitled to a monetary settlement for your pain and suffering. To help build the strongest case possible, learn more about what steps you should take and what to avoid when filing a medical malpractice suit.

Do:

Obtain medical records.

When filing a medical malpractice suit, you will work with an attorney to prove a healthcare professional did not provide the standard duty of care, leading to your injuries. To strengthen the argument, give your counselor a copy of all medical charts and records pertaining to the diagnosis and treatment that resulted in the injury. You should also keep a journal to document changes in your physical and emotional state. 

Get a second opinion. 

medical malpracticeThe doctor or nurse at fault might try to claim innocence, citing medical information you don’t have access to. To refute their claims, get a second opinion from another healthcare professional. They can provide a detailed explanation of how you were injured and what lapses in judgment or failed protocol caused the damage to occur. 

Gather photos & videos from before and after the accident.

The jury will want to know the extent to which the injury has affected your quality of life. Photos from before and after the injury will show changes in your appearance and demeanor. Video files can show how your mobility has diminished after the incident.

Don't:

Continue seeing that provider.

If you suspect a medical provider’s treatment has caused your injuries, stop seeing them. Continuing to be a patient would raise the argument that you still have faith in the healthcare provider’s abilities or don’t think your injuries were severe enough that your safety is at risk. 

Confront the doctor. 

If you plan to file a medical malpractice suit, let your attorney do the talking. Confronting the healthcare professional in person or via emails or phone calls could be used against you. The same is true if you post details about your condition or try to discredit the physician or nurse on social media sites.

Wait to seek legal counsel.

If you’ve been hurt due to medical negligence, consult a lawyer for help as soon as possible. Most states have statutes of limitation regarding medical malpractice, starting at the date of the incident. If you fail to meet the deadline, you won’t be able to seek justice for what happened. 

 

If you’ve experienced a personal injury due to medical malpractice, contact the counselors at Love-Sloan Law, LLC in Rock Hill, SC. With over 20 years of experience, these lawyers are committed to lobbying on clients’ behalf in workers’ compensation, medical malpractice, and auto accident cases. Meet their team online and call (803) 326-0000 for a free initial consultation.

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