2 Medical Malpractice Mistakes To Avoid

If you feel that your physician has made a mistake that resulted in an injury or some sort of emotional distress, then you may be able to receive a monetary settlement for the damages. A medical malpractice attorney can help you with your case, and the professional will work to provide the best outcome for your situation. If you are unfamiliar with the law or if you are uninformed about malpractice in general, then you may make some mistakes that make your attorney's job more difficult. This may result in extra costs and a lower settlement for you. Read through the common mistakes below and follow the tips to avoid the errors.

Mistake #1 - Finding Only One Expert

Medical malpractice occurs when your physician causes you harm due to negligence. This negligence occurs when the doctor deviates from the generally accepted standard of care that should be provided to you based on your illness or condition. Simple mistakes, misdiagnoses, and poor interpretation of test results do not constitute malpractice. Incorrect medications, wrong treatments, and basic lack of medical care are considered malpractice though.

Locate Several Professionals

Medical treatments are sometimes considered subjective based on the experience and opinion of the doctor you see. Your doctor may claim that he or she did not feel that medical evidence warranted certain types of treatments. To prove your physician wrong, you must find other doctors and experts who agree that malpractice occurred. The opinion of one other physician will not carry much legal weight though. You must instead find three or four physicians that can verify that your physician deviated from an accepted standard of care.  

Finding general doctors who agree with you is wise, but you also should locate at least one specialist as well. If the injury occurred due to a heart condition, then find a cardiologist who thinks that malpractice occurred. Oncologists, neurologists, endocrinologists, orthopedic surgeons, urologists, and rheumatologists are all good experts to locate depending on your condition.

Mistake #2 - Being Greedy

If you have been the victim of medical malpractice then you may be angry, upset, and stressed about your expenses. You may decide to ask for an extremely large settlement based on your feelings. You can ask to be reimbursed for medical expenses, pain, suffering, emotional distress, and lost wages, and the damages are considered compensatory. You can ask for punitive damages as well, but monetary settlements are generally only given when a physician acted to physically harm you in some way. Most medical malpractice cases do not require these types of awards.

Also, you should understand that there are limits on the amount of money you can ask for due to medical malpractice. You can ask for compensatory reimbursements plus a limited amount of damages on top of this amount. Damage limits differ by state and they range from $250,000 to $1,000,000.  You should speak with your lawyer about these limits so you can ask for a reasonable amount of damages. Otherwise, the court may see you as greedy and look unfavorably on your case.

Do Not Refuse a Settlement

If you ask for an extremely large amount of money, then you also may have difficulties securing a settlement outside of court. Settlements are often offered by insurance companies before medical malpractice court cases begin. This helps to reduce the cost of a lengthy and expensive trial. If you are offered a settlement, then it is in your best interest to accept the money.  

You can go to sites and work with your lawyer to negotiate settlements if you feel that an offer is too low. If you ask for too much though, then the insurance company may feel that a trial will be cheaper in the long run. You may then lose your case in court and receive no monetary compensation.

If you think you may have been the victim of medical malpractice, then it is in your best interest to speak with an attorney as soon as possible. If you decide to pursue your case, then just make sure to find several experts who agree that malpractice occurred and do not ask for too much money.


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