The Dos & Don’ts of Building a Medical Malpractice Claim

March 4, 2022
doctor with female patient

While there’s no way to guarantee your medical malpractice claim will be resolved in your favor, there are steps you can take to increase the chances of that happening. Along the way, however, there are also critical missteps you must make sure to avoid. Otherwise, your entire case could crumble before it even gets off the ground.

To learn what some of these steps—and missteps—are, read on:

Do Keep a Journal

Detailed journal entries about the care you receive, the side effects you suffer, and the way the complications are hurting your quality of life will help contextualize your medical records. Try to write at least a few sentences about your journey every day.

It’s also wise to log every doctor’s appointment. Record the reason for the visit, any tests or procedures that were administered during it, and how you traveled to and from the office.

Don’t Divulge Anything on Social Media

Insurance adjusters are always looking for cause to challenge a claimant’s credibility, and they’ve come to learn that social media can provide a veritable goldmine of questionable content. Since anything you post could be misconstrued and ultimately used against you, it’s best to avoid updating your friends and followers at all via social media. Instead, use more secure means of contact, like private texting and calling, to keep in touch as long as your claim is pending.

Do Take Steps to Mitigate Damages

Personal injury claimants are expected to take reasonable measures to mitigate damages. In the wake of medical malpractice, that means following all your doctor’s orders and making sure to make all appointments for follow up care. If you are wary about returning to the physician that caused you injury then you should immediately consult with an experienced medical malpractice litigator as this is an important decision that can have significant consequences. If you’re instructed to take it easy, for example, you should not return to the office until your physician sees an improvement in your condition.

You can also reduce the likelihood of a damages dispute by saving any and all documentation associated with the losses you incur. Examples include receipts, bills, health insurance statements, and paystubs logging missed shifts.

Don’t Let Your Provider Handle the Investigation

As soon as the physician or facility learns of the alleged malpractice, they or a risk manager may reach out and offer to conduct an investigation. While you can’t stop them from looking into the situation, you should not rely on them to do so on your behalf. Additionally, you should not turn over any evidence you’ve already gathered unless advised to do so by an experienced medical malpractice litigator.

Their primary incentive is in direct opposition with your own. A personal injury attorney, on the other hand, will be determined to protect your best interests. What’s more, they’ll have all the resources needed to conduct their own comprehensive investigation.

Discuss Your Claim with a Medical Malpractice Attorney in South Carolina

Did you develop serious complications after receiving substandard care from a medical provider? To see if you have grounds for a malpractice claim, turn to Hodge & Langley Law Firm. Backed by more than 50 years of experience practicing law, our team has what it takes to go up against even the largest health care institutions. Call 864-585-3873 or complete our Contact Form to set up a free initial consultation with a medical malpractice lawyer in South Carolina.

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