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Five tips for building your medical malpractice claim

On Behalf of | Sep 8, 2022 | Medical Malpractice |

If you’ve been harmed by a doctor’s or a hospital’s negligence, you’re probably motivated to find some accountability and recover the compensation that you need to be financially stable and advance your recovery as aggressively as possible. A medical malpractice lawsuit may help you do just that, but the process of successfully pursuing one of these claims isn’t as easy as it may seem, even when the evidence appears to fall in your favor. This is because there can be legal challenges along the way, and you have to be prepared to confront them if you want to maximize your chances of success.

Thorough preparation is key

To make your medical malpractice case as strong as possible, you’re going to have to put in a lot of prep work. That may sound a little daunting, but here are some steps that might help you get started as you begin to build your medical malpractice claim:

  1. Obtain your medical records: This documentation is going to show what your errant doctor did or didn’t do that fell short of the applicable standard of care. It can also demonstrate your need for ongoing treatment, which is indicative of some of your damages. There may also be clues peppered throughout your records that provide insight into exactly what caused your harm.
  2. Talk to an expert: Once you have your medical records in hand, it’s probably best to have an expert analyze them in light of what you say happened. This expert can then render an opinion as to the appropriateness of the care you received and where things went wrong. This opinion may go a long way toward establishing liability in your malpractice case.
  3. Keep a journal: Noneconomic damages like pain and suffering and loss of enjoyment of life can make up a significant portion of your damages. They can be difficult to prove, though, which is why it may be helpful for you to keep a journal where you note every negative impact that your injuries have on your life. This can provide a judge and jury with a very clear picture of just how damaging the medical malpractice has been to you and your family.
  4. Avoid social media: Anything you post on social media can be misconstrued, taken out of context, and used against you. That’s why you might want to avoid posting anything on your social media accounts while your lawsuit is pending. Otherwise, you may end up having to defend your posts in court.
  5. Mitigate your damages: In order to protect your claim and your argument for compensation, you’re going to have to try to mitigate your losses. This may mean seeking out appropriate treatment, securing some form of employment, and doing what you can to lessen the emotional toll that you have experienced. Just make sure that you’re keeping track of your efforts to stem your losses so that you can discuss those in court.

Legal teams are ready to advocate on your behalf

These are just some starting points when building your medical malpractice lawsuit. There’s a lot more involved in building a successful claim. And you need the best legal arguments possible under the circumstances if you want to give yourself the strongest shot at recovering the compensation that you deserve.

That’s why a lot of people who have been injured by medical malpractice turn to an experienced legal team that they can trust to help them build their case. If you want a strong advocate on your side, now may be the time to reach out to a firm that you think is right for you.