Of all the medical malpractice cases that make it to court in the United States, only about 21 percent of them are found to be in favor of the plaintiff. Because of this, it's extremely important to have an experienced malpractice lawyer by your side from the time you decide to file a claim until your case has been completely settled within the court system.
There are a few things you can do to help your lawyer strengthen your medical malpractice case – consider collecting these four things and handing copies over to your legal representative:
Get a copy of every single medical report that was produced by the healthcare provider that you're filing a claim against. You should request records of blood tests, x-rays, treatment protocols, and visit summaries so that your lawyer can use the paperwork to determine when, how, and why you ended up as a victim of malpractice.
If you can't get the healthcare facility to respond to your requests, provide your lawyer with each date on which you visited your doctor, so he or she can take steps in collecting the paperwork you need. If your lawyer is able to retrieve some, or all, of your records, remember to request copies of everything for your own personal records.
Letters from Others
There is a chance that you aren't the only one who is dealing with side effects due to malpractice on the part of the doctor you have been seeing, so ask around in the waiting room of the healthcare facility and throughout your community to see if you can find others who have been in the same position as you are. If you do find other victims of medical malpractice, ask them to write a letter on your behalf explaining their situation so it can be used as evidence that your doctor has been involved in past incidences and has a record of reckless care behavior.
Side Effect Diagnoses
If you haven't already seen a new doctor to verify any side effects you're experiencing due to the malpractice, it's important that you do so as soon as possible. You should have a complete record of tests, diagnoses, and treatments that are needed because of the outcome of malpractice care that you previously received.
Have your new doctor be very specific about the side effects you are experiencing. For instance if you now suffer from muscle spasms on a regular basis, the specific muscle groups, times of day when pain is most prominent, and medications being used to manage the pain should all be documented.
A Personalized Letter
Your personal words will carry a lot of weight with the judge when your case goes to court, because you are the only one who can provide in depth insight into the pain and suffering you're going through because of being a victim of medical malpractice. Writing a personalized letter to the judge will ensure that you get a chance to have everything you want to say heard and to stress the extent of the hardships you face on a daily basis.
It's important to include details about a loss of income because of the inability to work, financial hardships due to additional medical bills stemming from the malpractice, and even the effects that your injuries have on your family. The more insight you offer into your life, the easier it will be for the judge to understand the extent of your pain and suffering.
Don't worry if you can't collect everything on this list. Even just one of the resources from the list can make a positive impact on the outcome of your case when all is said and done.
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