Have you or a family member fallen victim to doctor or hospital negligence? If your injuries were caused by the careless mistakes of a doctor or nurse, then you deserve to be fully compensation for your unnecessary pain and suffering. However, there are times when medical malpractice cases can be difficult to prove, which is why it is vital that you have an assertive legal advocate on your side. Here at The Tolson Firm, LLC, we can tell you what to do or what not to do when filing your medical malpractice claim. By avoiding any filing mistakes, you can avoid unnecessary complications in your case and the process can go much smoother.
Our firm has put together a list of medical malpractice Do's and Don'ts so that our clients can make informed decision regarding their case when confronted with uncertain situations. However, in order to get the highest caliber of legal service, we encourage our clients to schedule a free initial consultation with one of our Atlanta medical malpractice lawyers here at the firm. We have over 17 years of experience in this field and we can help you achieve the best possible outcome in your malpractice case.
Do's- What you Should Do in a Medical Malpractice Case
- Do seek legal advice- it is vital that you get an attorney involved in your case early on. This way you can ensure that the insurance companies do not profit off you and that you get the full settlement that you deserve.
- Do ask for certified copies of all medical records- It is vital to have these records on hand in order to build a solid case. Many medical records are confidential, but as the patient you will have access to them and hold the right to request a copy for yourself.
- Do keep a detailed diary- We encourage our clients to write everything down while it is fresh in your mind. Everything that the doctors tell you, every pain you have experienced, and every instruction that your nurse has told you to do should all be documented on paper.
- Do keep all your receipts- It is vital that you keep the receipts for every medical expense including hospitalization, treatment, physical therapy, doctor's visits, prescription medications and even gas receipts if you have to drive to and from the doctor's office. By keeping all of these, you will be able to show just how much compensation you're owed. You should also keep your tax returns handy so that you can prove how much income you have lost as a result of the medical malpractice act.
- Do stop seeking medical care from the person or clinic that committed the malpractice act- If you believe you receive sub-par medical service and your doctor has committed malpractice against you, then you should seek medical care elsewhere.
- Do seek out an attorney with experience in the area of medical malpractice- Here at The Tolson Firm, LLC, we have nearly two decades of experience in this field and we continue to offer serious legal representation for people who are seriously injured. We have been able to recover millions of dollars for past clients because we are passionate about what we do.
- Do keep track of all doctors' visits with the dates in chronological order- It is important that you are able to show an accurate record of all the doctors and physicians that you have seen for your injuries. Make sure to include the dates and other important details.
Don'ts- What you shouldn't Do in a Medical Malpractice Case
- Don't threaten or confront the doctor or staff member in question- Before you say anything about your suspicion of malpractice, you should speak with your attorney. By speaking up to the doctor, they then have time to begin building their defense and alerting their lawyer. It is always best to keep the upper hand.
- Don't sign any medical release forms- The doctor, clinic, or hospital that you visited could ask you to sign a medical release form. Be sure that you don't sign any legal document with release language, because you could be signing away your right to compensation and releasing them from liability.
- Don't discuss your case with anyone outside your family- You should only discuss the specifics of your case with your attorney and immediate family. No one else should be trusted with this sensitive information until after you case has concluded.
- Don't tell your doctor that you need medical records to give to your attorney- When seeking copies of your medical records, just tell them that you need them for insurance purposes.
- Don't wait too long to file your malpractice claim- In every state there is a deadline known as the statute of limitations. This means that you have a limited amount of time to file before you give up your right to seek compensation. As soon as the malpractice has come to light and your injuries are apparent, speak with a medical malpractice lawyer to see if you have a case.
- Don't assume that your injuries will go away- If you assume that nothing happened, your injuries could get worse over time and you could end up losing your chance to seek restitution.