I always assumed that personal injury cases where pretty straight forward. After being in an accident, any financial losses that you suffered would be reimbursed by the liable party's insurance company. Unfortunately, things only work this way in a perfect world. In the real world, personal injury cases are extremely complex and getting the insurance company to pay a fair settlement requires the expertise of an experienced injury lawyer. Unfortunately, it took me several months to finally seek out the legal assistance I needed. As a result, I waited much longer than necessary to get the compensation I so desperately needed. During this time, I learned more about personal injury law than I ever thought I would. It is my hope that this blog will allow me to share that knowledge with you so that you can avoid making some of the same mistakes that I did.
You will need a lot of documentation to prove your case during a medical malpractice lawsuit. You can get the process off to a head start by compiling lists of vital information before your first meeting with a malpractice attorney. The following are four important things you should list and do before your attorney appointment.
#1: List the Negligent Behaviors
While negligence on its own isn't sufficient reason for a malpractice suit, it must first be proven before you can begin your lawsuit. Begin by creating a simple list of the negligent behaviors that occurred. For example, if your doctor refused a treatment, and this refusal later lead to more severe illness or injury, this is negligent behavior. Other signs is a doctor failing to follow proper protocol when diagnosing an ailment or issuing treatment, which then led to further complications. On your list, note what was neglected, when it was finally handled properly, who handled it (the same doctor or another provider), and any documentation you have that shows the original course of action was negligent.
#2: Quantify Your Injuries
You must have injuries as a result of the negligence in order to have a case. For example, failure to set a broken bone that results in a longterm handicap, or the wrong diagnosis and treatment of a cyst that leads to improper treatment of a tumor. Your injury list should include every injury you suffered because of negligence, even those that have since healed. This includes physical therapy, longterm handicaps, more invasive treatments, and ongoing pain. For injuries that have healed or treatments that have been completed, make sure to list the start and end dates.
#3: Write Down Your Economic Losses
Not all losses are health related in a malpractice case. Many may also be economic. For this list you will need to include everything that costs you or your insurance money that is directly related to the negligence. Missed work, wasted vacation time, out of pocket medical expenses, cost for treatments necessitated by the malpractice, and transportation costs to treatments are all examples of economic losses.
#4: Collect Important Documentation
Finally, collect all the important documentation for your case. Ideally, you should have documentation for each item on your lists. This includes receipts for medications, medical invoices, transportation receipts and mileage trackers, pay stubs or letters from your company HR department, and insurance statements. This documentation is key to proving your losses.
Contact a business, such as the Goebel Law Office, for assistance with your case.
Share