Medical malpractice cases are difficult to build to win a settlement that truly covers all of your damages. However, with the right information and a highly experienced and successful medical malpractice lawyer, you’ll find that building and proving your case becomes significantly easier. Below, you’ll find plenty of tips that can help you and your attorney get on the right path to building a winning case.
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Ask a Medical Malpractice Lawyer: 7 Tips for Building Your Case
1. Keep Communication Records
Did you complain to any of your friends or family via text or email or even voice messages about something your practitioner did? Maybe you left a voice message for a loved one stating you’d just been diagnosed with a condition that most people are diagnosed with much faster than you were. You may also have informed someone that a surgeon just told you they left something inside you during surgery. Any communications talking about your case are useful.
Keeping all of these records will help you build your case as it proves you’re not just making this claim out of the blue. You told somebody at the time of the incident. The best malpractice attorneys in Maryland may be able to make this work as evidence in your favor.
2. Get a Copy of Your Medical Records
Looking at your medical records and keeping a copy is the best way to prove you’ve endured that something occurred that shouldn’t have. The records might show numerous tests that should lead a competent doctor to a very easy come collusion about what’s wrong with you. On the other hand, they may show that you were put on a medication containing an ingredient your doctor knows you’re allergic to or something similar.
Detailed medical records and all communications about them are concrete evidence you can use while building your case. You can let your attorney comb through them with a careful eye to help you catch the little things that will help you build up your case.
3. Gather Witnesses
Did any other medical staff witness your doctor being negligent, or did any family members witness or hear what was happening when negligence/malpractice was taking place? Talk to these people, give your attorney their contact information, and get them to make a statement to back up your claims.
4. Get a Medical Assessment
You’ll have to get a full medical assessment to prove there’s something wrong with you that’s a result of medical malpractice. For example, if you believe you’ve been left injured or permanently ill due to a doctor’s negligence, then you need a qualified physician or medical teacher to assess your condition and provide a statement.
Any statement that backs up the fact that you’ve been left ill or injured due to an error made by a doctor/medical worker will be of great help when building your case. It’s difficult to dispute the word of a highly trained and competent physician.
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5. Give Details
It may be embarrassing or painful for you to be incredibly detailed when you’re telling the story of the malpractice that occurred, but rest assured your attorney won’t share anything they don’t think will help you win your case.
If your attorney doesn’t think what you shared will be this helpful in your case, then you don’t need to worry about them using this against you or sharing these private details about you in the future. You’re protected by attorney-client privilege, so your attorney can’t share anything you’ve told them.
6. Determine How Your Physician Was Negligent
Most cases of medical malpractice are not malicious. They occur due to negligence on the part of a physician. Comparing their work to work done by a previous or new physician in charge of your care can help you build your case.
Your attorney will be able to help you with all of this, as they’ll have dealt with numerous medical malpractice cases before and can help point out exactly what your physician did wrong that should be considered negligence in the eyes of the law. They understand what it’s like when a physician doesn’t meet the standard of care they’re held to.
7. Remain Levelheaded
The most important thing to do is be calm when you’re building a settlement-winning case. If the defendant’s attorney or the jury thinks you’re acting emotionally or irrationally, then they may not take your side despite how well you’ve built your case. You’re understandably under a lot of emotional stress right now, but keeping the symptoms at bay during your case is vital.
Evidence, witnesses, and proving how your physician failed to live up to the standard of care will help you build a winning medical malpractice case. Talk to your attorney about how you can do all of these things so you can claim a settlement that covers all your damages.