The quest to get help with a medical issue can be the beginning of another problem when medical errors occur. If you have been a victim of an injury resulting from medical errors in Connecticut, you may have the right to compensation, which would mean filing a medical malpractice lawsuit.
This guide highlights the dos and don'ts of navigating a medical malpractice lawsuit and can help you get the best possible outcome for your claim.
Get immediate Medical Attention
The most important thing after suffering an injury is seeking medical attention. First, seeking medical attention helps prevent your condition's deterioration, and second, it provides the documentation necessary to substantiate your claim.
The sooner you get medical attention, the better. If you wait too long, the hospital or medical professional in question can claim your injuries were not caused by them. Speaking to medical malpractice lawyer Russell J. Berkowitz at this time can also prove to be really helpful. Also, you may want to get medical attention from a different facility from where you suffered your injuries to avoid bias.
Don't Navigate The Claim Without A Lawyer
The chances of getting favorable compensation in a personal injury claim can be quite slim if you do not have a lawyer, even for the most minor claims. The chances get even slimmer when navigating a medical malpractice claim because of the technical aspects of the case. Even a lawyer who knows the technical aspects of handling a case still needs to work with medical experts to help them understand the medical aspects of a case.
Most medical malpractice cases involve significant compensation when handled right. Going it alone can mean significantly undervaluing the value of your claim.
Document Everything
Like other personal injury cases, evidence is critical in determining the strength of a case. Begin your documentation the first day you become aware of the harm.
If you have physical injuries, take pictures or record video footage of the injuries and how they affect your life. Ensure that you preserve every document produced in your treatment journey, such as medical bills, doctor's notes, receipts, and invoices. Your lawyer can help you obtain evidence that could be in the hands of the hospital responsible for your injuries through available legal channels.
Don't Engage The Defendant's Side Alone
You cannot avoid engaging the defendant's legal team or insurer on your claims journey. However, it is important to know that how you approach them determines how they approach your case.
If you engage them without a lawyer, they will likely want to take advantage of your naivety to get the upper hand. For example, they can have you disclosing more than you need to, which they can then use against you. Your best safeguard is always having a lawyer with you when engaging the defendant or their representatives.
File Your Claim In Time
There are deadlines for filing medical malpractice lawsuits defined by a state's statute of limitations. Connecticut's statute of limitation for medical malpractice lawsuits is two years from the date the victim becomes aware of the harm.
Also, it is important to note that there is a three-year absolute deadline, which means you may not have a case if you discover harm after three years with only a few exemptions, such as when the at-fault party conceals the harm knowingly, a case of a foreign body left in the body by accident, or when the victim is a minor.
While paying attention to the dos and don'ts of navigating a medical malpractice case is important, involving a lawyer is probably the best thing you can do to better your odds of success.
Conclusion
Pursuing a medical malpractice claim requires prompt action, thorough documentation, and expert legal guidance. Seeking immediate medical attention, avoiding direct engagement with the defendant, and adhering to filing deadlines are crucial steps. With an experienced attorney by your side, you can navigate this complex process confidently, protecting your rights and working toward the compensation you deserve for your suffering
