Medical malpractice can have devastating consequences for victims and their families. If you or a loved one suffered harm due to a provider’s negligence, it's important to understand what makes a medical malpractice claim strong, so you can seek the compensation you deserve.
First and foremost, it's essential to have compelling evidence that your doctor did, in fact, make a mistake. Such evidence will probably include medical records, eyewitness statements, and testimony from various experts.
You’re also going to have to convince the insurance adjuster that you incurred recoverable losses as a direct result of your provider’s negligence. Evidence of such losses may include hospital bills, health insurance statements, psychological evaluations, and photographs of any visible wounds.
These two kinds of evidence—evidence of liability and evidence of damages—are the pillars of every successful medical malpractice claim. If you want to put together the strongest case possible, though, there are a few other steps you can take, starting with the following:
1. Follow Your New Doctor’s Orders
Personal injury claimants are expected to take reasonable measures to mitigate damages, and this also applies to victims of medical malpractice. Mitigating damages starts by seeking prompt medical care.
As soon as you have reason to believe your doctor made a mistake, get a second opinion elsewhere. Then, follow all the medical advice you receive from your new provider. Otherwise, you could be deemed partially liable for any complications that arise.
2. Lay Low on Social Media
Insurance adjusters often take to social media to look for cause to challenge a claimant’s credibility. Since you can’t be certain that they won’t spin what you post in an attempt to use it against you, it’s best to lay low online as long as your claim is pending.
If disabling your accounts is not an option, at least make sure to activate stricter privacy settings. Additionally, do not post about the substandard care you received, the complications you suffered, or the hurdles you’re now facing on the road to recovery. Should there end up being any discrepancies between what you post and what you later include in your claim, it will open the door for a dispute.
3. Keep a Daily Journal
In addition to the monetary damages you incur, like medical bills and missed paychecks, you may seek compensation for non-monetary damages like pain and suffering. You must prove that you actually incurred them, though, so it’s advisable to start keeping a journal as soon as you realize you were the victim of medical malpractice.
Every day, write about the hurdles you face because of the mistake your doctor made. Make sure to address both your physical health, including any uncomfortable symptoms, and your mental well-being.
Discuss Your Case with a Medical Malpractice Attorney in Houston
Are you hoping to take action against a negligent healthcare provider or medical institution? For strategic legal counsel at every stage of the proceedings, turn to Chelsie King Garza, P.C.
When you call the practice, you’ll get to speak directly to Chelsie. Call 713-893-8808 or submit the Contact Form on her website to schedule a free case review with a medical malpractice lawyer in Houston.