Three Challenges Of Filing A Medical Malpractice Case... And How To Address Them

Posted on: 23 September 2017

Being injured or ill is hard enough. Then, the hospital or doctor makes a mistake in your care, making matters worse. The best thing you can do in a case like this is to hire a qualified medical malpractice attorney and file a personal injury lawsuit against the doctor or hospital. But sadly, this part is not always easy, either. It's best to begin the process knowing that it will be tough -- but that there are logical, helpful ways to address the three common challenges you'll probably encounter.

Challenge #1: The Defense Tries to Argue the Procedure Was Not Necessary

This is often one of the first arguments you'll hear from the other side or their attorneys. They will argue that you underwent an elective procedure and that therefore any injuries you suffered as a result, are your fault. Having this said to you can be disheartening, but rest assured. Your lawyer can collect evidence to show that the procedure you had was necessary, nipping this defense in the bud. 

Challenge #2: The Doctors Make It Hard to Collect Evidence

It's best not to tell your doctor or hospital you are filing for malpractice. Let your lawyer inform them of this when the time comes. One of the reasons why it is best to wait is that once your doctor knows you are filing, it can become harder to collect information from them. You may need medical records or a witness statement for your case -- and the doctor may delay getting them to you because, of course, it's evidence that will be used against them. The best way to approach this is to let your lawyer handle any and all communications with the doctor and hospital. You should also begin seeking treatment elsewhere so that your case does not get in the way of your quality of care.

Challenge #3: The Defense Is Out To Prove You Are Not That Injured

It's common for the defense and their lawyers to watch out for signs that you're not as injured as you claim to be. They may scan your social media accounts for posts showing you doing activities you should not be able to do with your injury. They may watch to see if you drive anywhere like the gym or pool. To avoid them having a valid claim, make sure you avoid strenuous activities -- and stay off social media. 

Click here to find more information on medical malpractice.