Common Mistakes to Avoid when Handling a Medical Malpractice Claim

Medical malpractice can be devastating to both patients and their families. There are physical, emotional, and financial consequences following medical negligence. The effects can be fatal or affect a person for the rest of their life. 

What the patient and their family do following the incident will significantly impact the victim's recovery and ability to pursue justice. Many patients make common errors after experiencing medical malpractice that can jeopardize their health and their legal rights.

Tom Fowler Law has been working with patients for many years, and as a personal injury firm, they can help those who are the victims of medical errors get the compensation they deserve. They also understand that these errors are easy to make, but they can also be avoided. They can also advise on common mistakes after a drunk driving accident.

Not Seeking Immediate Medical Attention from Another Provider - Treat Any Injury

One of the most common mistakes that a victim of medical malpractice makes is not getting a second opinion and further treatment from another physician. This is very important to prevent more damage. This also helps to document the original error and can help in proving that the original doctor or medical provider made an error. Switching providers to seek a second opinion can also protect both health and legal claims. 

Failing to Document the Incident and Symptoms - One of the Most Common Mistakes

Documenting the incident itself, as well as symptoms that are associated with the condition or injury, is also important. This should be done over time. It's also very important to keep track of medical records, appointment records, test results, prescriptions, and written communication associated with the case. Documentation can help to prove liability and support a potential claim. 

Not Requesting a Complete Copy of Medical Records - Full Records Shouldn't Lack Anything

Patients have a right to access their own medical records under HIPAA. As soon as the incident occurs, the patient should request their medical record from the facility. Getting the records early in the investigation can stop the facility or medical professional from altering the records or losing them. Many medical malpractice cases rely fully on these records to show the medical team was negligent and did not hold the standard of care that they are supposed to. 

Talking to the Healthcare Provider or Hospital Without Legal Counsel - Their Insurance Company Will Jump Into Action

As soon as the medical facility insurance company and lawyers hear that there is a medical malpractice case brewing, they will involve themselves very quickly. It doesn't matter if it's surgical errors, a misdiagnosis, or prescribing the wrong medication; they will do everything they can to keep costs low and to obtain trust with the patient again to stop them from suing. They may do things like offer free medical care, get a quick appointment, and possibly even offer a lowball settlement. A patient who finds themself in this position should never speak to anyone associated with the medical facility or office without speaking to an attorney first. 

Missing the Statute of Limitations Deadline

In Iowa, there is a statute of limitations for all personal injury cases, including medical malpractice. This means that any claims must be filed within two years of the date the medical professional's or doctor's error occurred. Waiting too long can mean there is no possibility to sue. This is also why it's so important to talk to a law firm with experience in medical malpractice is so important. Medical malpractice cases may be confusing, and many people will be involved, so it's best to speak to a lawyer as soon as possible. 

Posting About the Situation on Social Media

Social media is very common, and more people than ever before use social media to share information and news with others about what is happening in their lives. However, when there is a potential lawsuit due to medical malpractice, this information should never be posted online. Many victims weaken their cases due to posting information about the situation. It's important to avoid discussing the case with anyone but a lawyer. It may be beneficial to discuss the topic with this personal injury lawyer in Des Moines.

Accepting a Quick Settlement Without Full Review

To avoid going to court, many times the medical facility will offer a quick settlement to minimize the amount that they have to pay and to push the incident under the rug. The victim wants to recover the compensation as quickly as they can in many cases, so this is a tempting way to pay medical bills and get the case settled --- however, in most cases, this is too low and the victim could actually get much more if they work with a lawyer, build a strong case, and get the full extent of what they deserve. 

Not Consulting a Medical Malpractice Lawyer or Hiring the Wrong Lawyer

Finally, many victims of medical malpractice will not consult with a lawyer to determine if their case will qualify for a lawsuit. If a doctor or other medical professional injures a patient, it's very important to speak with a qualified lawyer to determine whether a case is possible and if there was harm due to the actions of another. It doesn't matter if a diagnosis was given incorrectly, if the wrong medication was given, or if a physician chose to violate a specific code of conduct. A victim of these cases deserves representation.

Hire Tom Fowler Law - Hiring a Lawyer for a Medical Malpractice Claim - Free Consultation 

Tom Fowler Law has been helping people in Des Moines for years, and they can help get the compensation you deserve. These cases often get very confusing and the knowledgeable team has the credibility you need when a doctor or other medical professional has caused your injury. 

This skilled team offers free consultations and would be happy to work with you to find out if you may have a case. They will assess the case and, if possible, work to get the most positive outcome possible.