Whenever we meet with a healthcare professional or have a medical procedure performed, we assume they are flawless and immune to mistakes. Although most of the time, we do receive proper care and treatment; sometimes things do go wrong. Doctors and surgeons are human and are susceptible to error.

Evergreen State patients who feel they may be a victim of medical malpractice can contact the best Kent, Washington lawyers to determine if they should pursue a personal injury lawsuit.

6 Common Mistakes To Avoid When Pursuing A Medical Malpractice Lawsuit

Malpractice Lawsuit

Medical negligence can quickly turn your life upside down. Whether you’ve experienced a surgical mishap, a misdiagnosis, or a prescription error, the end result is the same. Your trust in these healthcare professionals is diminished, and you’re left to deal with their life-altering mistakes.

Victims of medical malpractice can be left feeling angry, frustrated, and confused. To ensure that they don’t damage the validity of their case, they must avoid making these common medical malpractice lawsuit mistakes.

Not Working With A Lawyer

No matter how obvious your healthcare provider’s medical mistake was, filing a successful claim on your own is always to be avoided. There are many nuances to personal injury laws, and a layperson shouldn’t attempt them. A medical malpractice lawsuit requires the plaintiff to prove negligence. Without experience with personal injury cases, there are simply too many details for just anyone to file a successful claim.

Money should never stop a victim of medical malpractice since most personal injury attorneys work on a contingency basis. This means there are no upfront costs to retaining legal aid, and your lawyer will be paid a percentage of your settlement.

Filing Your Lawsuit Too Late

Filing Lawsuit

Each state has a certain amount of time before filing a medical malpractice lawsuit will be rejected by the court, so it’s crucial to file as soon as possible. Unfortunately, many victims of medical mistakes wait until they’ve recovered from their injuries before filing a claim. Washington State’s personal injury statute of limitations is set at 3 years. If you attempt to file after this timeframe, your claim won’t be valid.

Not Documenting Everything

It’s important to document everything regarding your medical malpractice case. The dates of appointments, lab tests, and other healthcare requirements can be many and easily forgotten. The dates of procedures and what your healthcare provider has told you can be valuable pieces of medical evidence necessary to prove negligence.

Also of value is keeping a journal of not only your appointments and procedures but also how you feel on any given day. This information can help pinpoint when you’ve noticed any new symptoms or conditions resulting from medical negligence.

Not Following Your Doctor’s Orders

Not following your doctor’s advice, even after a medical mistake, can hurt you when seeking compensation. Any gaps in your treatment will be used against you as claims that you didn’t follow sound medical advice. If you question their judgment, find a new doctor. However, when you do so, inform them of your decision to file a medical malpractice lawsuit and have them request all of your medical documents from your previous doctor.

Dealing Directly With The Insurance Company

Dealing With Insurance Company

Never speak to the defendant’s lawyer or insurance company without following the advice of your attorney. All communication with them should go through your legal counsel. They aren’t looking out for your best interests. By asking a leading question, they can easily bait you into saying something that will hurt your case.

Posting On Social Media

As difficult as it may be, never post anything about your medical malpractice lawsuit on social media. It can easily be used against you by the defendant and be considered libel if you mention individuals or healthcare organizations by name.

It’s best not to post anything on social media during this trying time. If you’re claiming a life-altering medical mistake, but your socials are full of happy times with friends and family, the defendant’s legal team can use this to their advantage.

Avoid These Mistakes When Pursuing A Medical Malpractice Lawsuit

Personal injury lawsuits, especially those resulting from medical malpractice, can be difficult and should only be attempted by a lawyer with extensive experience. Once you’ve hired a lawyer to take your case, you’ll need to continue to follow your healthcare professional’s advice or find a new one. Staying off social media is necessary, as is not speaking to the defendant’s legal team without your lawyer present.

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