Wed. Jun 19th, 2024

Doctors are human. They make mistakes, and when a patient is hurt due to a doctor’s mistake, that patient may be able to file for medical malpractice even if the patient was not injured directly. Such mistakes might amount to medical malpractice, but the doctor may not have injured the patient.

In such situations, medical malpractice attorneys at Parker Waichman LLP will be able to tell whether a suit can be filed against the doctor for negligence. Here are some common mistakes to avoid when filing a medical malpractice claim:

1. Failure To Follow Doctor’s Orders

When the doctor’s orders are followed, and a mistake is made, a person does not have a medical malpractice claim if the order was followed. If, however, the doctor failed to give proper instructions that caused injury, failing to follow the doctor’s orders will not help.

2. Not Taking The Case Seriously

A person should not be hesitant in filing a medical malpractice claim because they believe that the doctor will not commit an error. The patient must show that they are entitled to compensation, but they might miss the opportunity to get compensation if they do not file.

3. Oversharing Information

A patient should not assume that the doctor already knows their medical history because patients are coming to see their doctor for the first time. However, if there is something in the patient’s medical record that is relevant to the case, they should inform their attorney of this information.

4. Failing To File A Case Promptly

A patient should not wait for their medical malpractice case to settle before filing. If the patient is waiting, they could lose the right to file a claim. It is best to file right away. Attorneys at Parker Waichman LLP are aware of all the legal filing deadlines, and they will be able to help a client file a medical malpractice claim on time.

5. Settling Too Early

A person should wait to settle on their own if they have the option, but they need to hire a lawyer when negotiating with the insurance company because attorneys are the ones who can help a client get a fair settlement. Settling too early could lead to more problems later.

6. Failing To Negotiate

A good approach to obtaining a fair settlement is to negotiate. If a person wants a good deal, they should not hesitate to negotiate with the insurance company. Negotiation has been proven to resolve most cases better than litigation. This is a good strategy because it gives the doctor’s insurance company time to do its investigations. Only when they conclude that they have a good case will they offer money to settle the case.

7. Settling Before The Other Party Files A Motion For Summary Judgment

If the other party files a motion for summary judgment, it means that they believe that they have more than enough evidence to win. The case will be settled at this point. Failure to hire a medical malpractice attorney means a high chance that the insurance company will win the case.

8. Waiting Too Long To File A Case

If the time limit runs out, it won’t be easy to file a case. Attorneys can work with the insurance companies to extend any period they need, and they have many ways of working with the insurance company to do this. This can be done by getting extensions, by filing a notice of claim, or even by filing upon an injury, as opposed to when it was discovered. A person should hire an attorney as soon as possible if they want to file a medical malpractice case.

9. Failing To Ask For A Trial

A person should ask for a trial early on, even if they are sure they will win. Attorneys can handle many cases, and winning a case does not necessarily mean that their client will get money. Attorneys at Parker Waichman LLP are involved in every stage of their client’s cases, and they will be able to handle all the legal issues that need to be resolved.

10. Failing To Gather Evidence

A patient needs to gather evidence right away, but sometimes it is difficult to do so. The doctor and the hospital might have deleted information that the patient needs.  Failure to get this information early on might lead to not getting any compensation later.

11. Failing To Identify The Doctor

People should not assume that they already know the name of their doctor. If the patient is concerned about finding the doctor, they should hire an investigator to find this information. It is important to find a good attorney who can find this information. This is what makes a person hire an attorney because there are many cases in which the doctor’s name is unknown, and it will not be easy to find the doctor.

A person should not assume that they can file a medical malpractice case without the help of an attorney, but they also should not assume that they need to hire an attorney at Parker Waichman LLP. It is up to the client’s personal preference. Some people want help with filing a case, and some people want to handle the case on their own, but a person must find an attorney if they are concerned that the other party will have an unfair advantage in court.

By admin