Medical errors lead to hundreds of thousands of deaths each year in the United States. In fact, medical errors are the third leading cause of death in the U.S., accounting for approximately 250,000 deaths annually. In 2008, medical errors cost the United States $19.5 billion according to a study sponsored by the Society for Actuaries. When these errors cause harm, patients may consider filing a medical malpractice lawsuit. However, these cases can be complex and emotional. Avoiding key mistakes can help lead to a successful case. This article will cover the top errors to avoid when pursuing medical malpractice litigation.
Rushing to File a Medical Malpractice Lawsuit
It’s understandable to want to take legal action quickly after a medical error occurs. However, rushing to file a lawsuit can backfire. These cases require extensive research and preparation. First, obtain all medical records related to the incident. Review them carefully for any discrepancies, mistakes, or negligence.
According to Jon Mani, a Columbus medical malpractice lawyer, the most common medical malpractice claims stem from improper treatment (28.5%), surgical errors (24%), and failure to diagnose (26%). Consult with a qualified medical malpractice lawwyer to have the records reviewed by an impartial expert. The expert can assess if a legitimate case exists before moving forward. Rushing to file may lead to a weak case getting thrown out of court.
Failing to Establish Damages
A successful malpractice claim must prove negligence directly caused significant harm or damages. Physical injuries, pain and suffering, medical costs, lost wages, and other losses must be well-documented. Plaintiffs need thorough evidence of the full impact of the medical error. The average payout for successful claims was around $309,908 between 2009 and 2018, with the highest payouts in obstetrics cases, averaging around $880,000. Weak or incomplete damages evidence can sink an otherwise valid case.
Skipping the Notice Period
Most states require plaintiffs to provide notice months before filing a medical malpractice lawsuit. This notice period allows medical providers a chance to settle before litigation. Skipping this mandatory waiting period can get an otherwise strong case dismissed on a technicality. Be sure to consult an attorney on proper timing and notice rules in your state.
Picking the Wrong Medical Malpractice Attorney
Medical malpractice law is highly complex. An inexperienced lawyer can undermine an otherwise promising case. Be sure to vet medical malpractice lawyers thoroughly and retain one with specific expertise in medical negligence. An attorney that deals with these cases regularly will best guide you through the process and maximize your chances of success.
Failing to Follow Your Attorney's Advice
Once you've found qualified counsel, listen to their direction closely. Ignoring your lawyer's advice can sabotage your own case. Be cooperative, disclose information fully, meet all deadlines, and follow your attorney's lead. They have the expertise to build a strong case if you let them.
Withholding Important Details
Being fully open with your malpractice attorney is crucial. Even embarrassing or sensitive details could significantly impact your case. Disclosing personal health history, pre-existing conditions, and other pertinent details allows your lawyer to construct the strongest argument on your behalf. Don't let a misguided sense of privacy keep important facts under wraps.
Trying to Handle Everything Alone
Pursuing a medical negligence claim takes an emotional toll. Don't be afraid to lean on loved ones for practical help and emotional support. It also helps to connect with others who have dealt with similar medical errors. You may be fighting for just compensation, but you don't have to fight alone.
Medical mistakes that cause harm deserve to be addressed. However, winning a malpractice lawsuit requires skill, diligence, and care. Avoiding common errors and pitfalls will set you on the path toward the strongest possible case.
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