What Not to Do in Your Medical Malpractice Case

When you are harmed due to the negligence of a medical professional, you are a victim of medical malpractice. Maryland law allows you to recover compensation for injuries due to medical malpractice.

To establish medical malpractice, you must prove that you were owed a professional duty by your doctor or healthcare provider and this duty was breached because the treatment you received fell below the accepted standard of care. You must also show that the breach was the cause of your injury.

Additionally, you must show that there is more than a 50% chance that medical malpractice caused your injury.

To increase your chance of receiving compensation, there are some common errors to avoid in your medical malpractice case.

Saying too much

You will likely communicate with insurance companies. Be careful about what you say to them, especially in written correspondence such as letters or emails. Your words could be misinterpreted and if you are angry or venting this will not help your case.

The same idea applies to social media. Do not post on social media about your case. Anything you say could be used against you. This applies to more than social media posts. Even comments made to others, such as saying you are “doing well” after the injury could be used against you.

Do not assume that setting your social media settings to private or securing your information means your posts are not discoverable. It is best to stay silent on social media while your case is pending.

Failing to document

One of the best steps to take is to document the event and the aftermath. Not documenting everything that happened is a mistake that can hurt your case.

Write down everything you can remember about the event, the injury and anything the doctor said and did during and after the vent. Document how you were treated and how you felt. Ask any family members or friends who were present to do the same.

Make copies of your medical records. Medical malpractice cases involve a lot of paperwork, much of which is medical records. Do not give away your only copies, especially to an insurance company. Provide information when requested, but always keep original copies for yourself.

Skipping appointments

Do not miss doctor’s appointments or fail to follow your doctor’s instructions. Medical malpractice defense attorneys will scrutinize every detail of your medical records, looking for anything that could undermine your claim.

Evidence that you missed appointments or did not follow through with treatment can be used to try to show that your own negligence caused or contributed to the injury. Additionally, if it is shown that you do not attend appointments, a judge or jury may have trouble awarding you compensation for future medical care.

Not getting a second opinion

Finally, follow your instincts if you feel what happened to you was medical malpractice. It can be hard to know if what happened was normal or malpractice if you do not have a medical background. This is understandable.

Sometimes doctors or medical providers rely on their patients’ lack of medical knowledge to absolve themselves of responsibility or shift the blame when they are accused of medical malpractice. If you feel something is not right, seek a second opinion.