Medical malpractice victims in the United States are too often unpleasantly surprised when they discover that they made their own mistakes that could cause their medical malpractice claims to become unviable. Once the unintentional mistake is made, it is often difficult, if not impossible, to remedy the mistake and to proceed as if the mistake was never made.
Too often we have received inquiries from medical malpractice victims that could have resulted in a substantial recovery of damages for the serious, permanent, and sometimes fatal injuries and harms suffered as a result of medical negligence but the malpractice victims or their families failed to timely do what they needed to do or they did something that negatively affected their right to sue for medical negligence because they did not know any better.
5 Common Mistakes
1. One of the most common and serious mistakes made by medical malpractice victims is waiting too long to bring their medical malpractice claims against the negligent medical provider. Each state in the United States has statutes (laws) that require the victims of medical malpractice to bring their claims within a certain period of time from the date of the malpractice incident, the date on which the malpractice injuries manifested, the date the victim has reason to believe that medical malpractice may be the cause of their injuries, or some other date established by state law.
Therefore, it is imperative that anyone suspecting that medical negligence may have occurred that caused them to suffer substantial injuries or other harms promptly seek the advice of a medical malpractice lawyer who is experienced with medical malpractice claims in the state in which the malpractice occurred.
Click here to find medical malpractice lawyers in your state who may assist you with a medical malpractice claim.
2. Many states have enacted statutory requirements regarding how medical malpractice claims must be made against medical malpractice defendants. Some states have established formal requirements for filing claims with a state/administrative agency or panel for preliminary review of the medical malpractice claim, requirements for formal notice to the possible medical malpractice defendants, and other requirements depending upon whether the medical malpractice defendants are state agents/employees (such as state-operated or owned hospitals and their medical employees). Federal medical malpractice claims have their own stringent requirements that must be followed.
Another potential pitfall for medical malpractice victims is that some states periodically change, modify, or amend their statutory requirements regarding medical malpractice claims, making it all the more important to promptly consult with a local medical malpractice attorney who is familiar with all of the current requirements for filing a medical malpractice claim in your state.
Click here to visit our website to be connected with medical malpractice lawyers in your state who may advise you regarding the procedural requirements concerning your medical malpractice claim.
3. Some medical malpractice victims fail to timely and adequately protect their own rights and interests after they suffer harms from medical malpractice by attempting to resolve their malpractice claims on their own without the benefit of professional legal advice. While it may appear to the untrained eye to be clear medical negligence that caused the malpractice victim to suffer clearly identifiable injuries, often that is not the case. Medical malpractice defendants have the advantage of hindsight when developing their defenses to medical malpractice claims. Unwary or uninformed medical malpractice victims may unintentionally cause harm to their legitimate medical malpractice claims by directly communicating with the malpractice defendants and/or their malpractice insurance companies.
Click here to be connected with medical malpractice lawyers in your state who may help to protect your legal rights in bringing a medical malpractice lawsuit.
4. Some medical malpractice victims hurt their own malpractice claims by making statements on social media, to family members, friends, colleagues, or co-workers, or in other public forums that can harm their claims when taken out of context. In the criminal law context, anyone who has watched a police drama on television knows that “you have the right to remain silent” but that many people cannot help but make statements against their interest or confess to something. The same thing can happen in the medical malpractice claim context: medical malpractice victims should remain silent until they have obtained legal assistance but too often they say or do something that hurts their case before they retain counsel. (We are not suggesting, advocating, or condoning lies or misrepresentations but we are suggesting that you allow the legal professionals (medical malpractice attorneys) to speak on your behalf.)
Click here to visit our website to find lawyers in your state who may represent you in a medical malpractice claim.
5. Some medical malpractice victims feel “guilty,” “bad,” or even blame themselves for the injuries they suffered as a result of medical negligence or in seeking compensation for the harms they suffered as a result of medical malpractice. They let others (including the medical professionals who committed medical malpractice or subsequent treating physicians) convince them that they either caused or contributed to their own injuries and therefore are not entitled to compensation for their injuries.
Some people even allow themselves to be deterred from bringing a claim for compensation for their malpractice injuries by family members or friends who tell them that money will not make them well again or return them to their prior good health. These naysayers often try to convince medical malpractice victims who are living with severe, constant, and permanent pain from their malpractice injuries that no amount of money will relieve their pain and therefore they should not seek compensation for their injuries. These same naysayers are often the first ones to file a lawsuit if they are injured as a result of the negligence of others.
Our legal system in the United States is not based on “an eye for an eye” justice but rather on compensation for injuries that are sometimes not easily valued in monetary terms (can you imagine a barbaric legal system where a surgeon who negligently causes a patient’s death is then put to death himself in the name of “justice”?).
If the medical mistake or medical error of a negligent medical provider caused you to suffer serious injuries, you should promptly seek legal advice regarding your rights and responsibilities in bringing a medical malpractice claim against the medical wrongdoer, and to learn about the medical malpractice laws in your state.
Click here to visit our website or telephone us toll-free at 800-295-3959 to be connected with medical malpractice lawyers in your state who may assist you with your malpractice claim.
Turn to us when you don’t know where to turn.