Mistakes to Avoid in Fairfax Medical Malpractice Cases
Due to the complexity of medical malpratice cases, there are a number of mistakes that someone filing a claim in Fairfax can make. While these mistakes may not completely ruin someone’s claim, they are often things that could have been easily avoided. With this in mind, the following are the mostly commonly made mistakes and how you can avoid them according to a Fairfax medical malpractice lawyer.
For more call and schedule a consultation with an attorney today.
Not Being Honest With Medical Providers
One big mistake that often is made in medical malpractice cases is people not being forthcoming with their medical providers or not being truthful with doctors about their lifestyle choices. While there may be a number of different reasons for this, the law is not forgiving. So, for example, if someone goes to a medical doctor because they have say abdominal pain and they leave out the fact that they previously had two hernia surgeries and an appendectomy, a doctor might not know what to look for and a lot of the time a doctor will look for those for all sorts of things that might be flags in their head when they hear of abdominal pain, but it doesn’t mean that they always will.
Precious time can be saved by explaining that you have had certain prior procedures. For instance, if you have already had an appendectomy, a physician can rule out appendicitis. If you have a history of prior hernias, they might focus their attention there instead.
Doctors need to know what has happened prior to when you came into their care. This is important because doctors’ records can only reflect the detail and the information that’s given to them. It’s generally easier to be successful in any litigation case based on personal injuries when the medical records clearly relate the complaints or the injuries to the cause of what is believed to be responsible.
Waiting Too Long To Consult With a Lawyer
One big mistake that unfortunately isn’t uncommon is waiting to consult with an attorney. With these types of cases, the sooner you can contact legal representation the better shape you will be in. This is due to the fact that these cases can take a long time and require a lot of effort, if you wait until the last minute to consult with a lawyer you may not be able to put forth as strong as claim as you would have otherwise.
Not Getting Medical Care As Soon As Possible
Another mistake people make is not getting medical care for the injuries they’ve suffered as soon as they should. This is a problem that is really easy to avoid but can have a drastic impact on your claim.
Providing a Statement to Insurance
Sometimes people might give a statement to the defense insurance company or sign an authorization for the release of their medical records. These things will never help your case.
People need to be aware that their medical records are protected by federal law and a defendant does not have the right to get those medical records until the litigation process takes place, and even then there may not be an entitlement to the records unless they are relevant to the case. Oftentimes people don’t realize that they control access to their records and that they are private and protected under federal law.
Not Following A Doctor’s Orders
Another common mistake is failing to follow their doctor’s orders. We all live busy lives, we’re all humans and people make mistakes and while we can understand the human element there and why someone may delay treatments or have a gap in treatment, unfortunately the law is not as forgiving as your friends, family members, or colleagues might be in that if you delay your treatment or if there’s a gap in seeking treatment, that’s going to make it harder to prove causation in your case.
Signing Medical Authorization Forms
Another thing that people don’t always think about is signing medical authorizations that allow the defense to gather all of their medical records. This can really work to your detriment in the case.
Accepting An Early Settlement Offer
Accepting a settlement offer early on without really thinking about the implications or without knowing the full extent of your damages or the full value of your case, and knowing that you’re going to be barred from future recovery by doing that, that’s another big mistake people make.
How Can Someone Avoid Making These Mistakes?
Well, the easiest thing to do is to follow your doctor’s orders. If you believe that you’ve been injured through the negligence of a doctor, make sure you seek medical treatment in a timely manner You need to seek medical treatment if you are in pain or if you are suffering. If you are confused about your situation or if you don’t understand what you should be doing to help your case, ask your lawyer and they can help you to understand the process.
So those are two really easy things to do in order to avoid making mistakes, seek medical treatment and ask your lawyer for advice. But another thing to do is just follow your doctor’s orders, which is probably the easiest of all.
