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4 Mistakes to Avoid When Building a Medical Malpractice Claim


surgeons in operating room

If you suffered greatly because of a physician’s negligence, you may be thinking about taking legal action. To ensure your claim doesn’t fall short before it even gets off the ground, it’s wise to familiarize yourself with the proceedings, so you know what to expect.


You should also review the most common mistakes victims tend to make, so you can be sure to avoid them. Read on to learn what the biggest missteps are:


1. Turning to the Same Provider


Once you have reason to believe your physician made a mistake, you should turn to someone else for treatment. If you continue seeing the same doctor, it will not only put you at continued risk but will also give the opposing party reason to challenge your credibility. After all, why would a patient keep seeing someone who was providing substandard care?


2. Informing Friends & Followers Online of the Situation

While it’s okay to keep loved ones informed of your condition, you shouldn’t do so through social media. The insurance adjuster will probably take to monitoring your online activity, which means everything you publish is up for scrutiny. If there ends up being even a minor discrepancy between what you post and what you state in your claim, your entire case could crumble.


3. Overlooking Recoverable Losses

You may be aware of at least a few of the damages you can seek after receiving substandard care, like associated medical bills, but it’s easy to forget about some of the more indirect losses. For example, did you know you can pursue compensation for lost wages, assuming the complications you suffered kept you out of work?


New York also recognizes non-economic damages, which include things like pain and suffering, mental anguish, and emotional distress. In order to include these kinds of losses in your claim, though, you’re going to have to prove that you actually incurred them.


The easiest way to do that is by starting a personal injury journal as soon as possible. Write in it diligently—preferably every day—about how your condition is contributing to a lower quality of life.


4. Letting the Facility Handle the Investigation


Administrators at the hospital or practice where you were treated will probably reach out once they learn you’re thinking about taking action against the facility. Chances are they’ll even offer to conduct an internal investigation on your behalf.


While you cannot stop them from looking into what happened, you shouldn’t rely on them to protect your best interests along the way. You’re much better off conducting your own investigation with help from a resourceful medical malpractice attorney.


Call 855-585-2969 to Discuss Your Case with a New York Medical Malpractice Lawyer


To see if you have grounds for a medical malpractice claim, turn to Leitner Varughese. Our resourceful team boasts the knowledge and experience of a powerhouse practice, but we make sure to provide the personalized service of a small, local firm.


Call 855-585-2969 or fill out our Online Contact Form to set up a free case review with a medical malpractice attorney in New York. We counsel clients in New York City, Long Island, and the rest of the state.

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