Stethoscope Over Malpractice Wooden Block

The Do's and Don’ts of Pursuing Medical Malpractice Claims 

The Berger Firm  Feb. 28, 2024

Starting a medical malpractice lawsuit requires thoughtful communication. It's important to work through the right legal channels, often with your lawyer's help, to maintain privacy and strategic planning. At the same time, it's crucial to be ready for the emotional and financial impact this process can have. Make sure you're prepared for the lengthy journey and have a strong support network to lean on. 

The Do's of Pursuing a Medical Malpractice Claim 

When you find yourself on the precipice of pursuing a medical malpractice claim, armed with a belief that medical negligence has occurred, it's pivotal to adhere to a set of guidelines that can strengthen your case. These "do's" are not just actions but are strategic steps that safeguard your rights and bolster your claim's validity. 

Gather all your medical records 

Your medical records provide a comprehensive overview of your health history, the treatments you've received, and their outcomes. They're essentially the foundation of your medical malpractice claim. You need to know what's been documented, as these records will serve as pivotal evidence in your case. We can assist you in obtaining and interpreting these records, ensuring nothing critical is overlooked. 

Find a good attorney 

When it comes to medical malpractice claims, having a seasoned attorney by your side can make all the difference. Our attorneys, John Berger, Bryan Berger, and Alex Berger, have the knowledge and experience to navigate these intricate cases. We'll work tirelessly to advocate for your rights, aiming to secure the compensation you deserve. 

Be patient 

Patience is key in these cases. Medical malpractice claims can be time-consuming, often taking longer than other types of personal injury cases. We understand the urgency, but rushing the process could potentially undermine your claim. Trust us to handle the intricate details while you focus on your recovery. 

Maintain a detailed personal health journal 

Documenting your experiences, symptoms, and how they affect your daily life can be invaluable. A personal health journal acts as a supplementary record, capturing the impact of the alleged malpractice beyond what medical records can show. It can also help create a more compelling narrative when presenting your case. 

Be honest and consistent in your communications 

Honesty is critical when dealing with any legal matter. Be consistent and truthful when recounting your experiences to your lawyer, in depositions, and, if it comes to it, in court. Changing stories or facts can severely harm your credibility and, in turn, your claim. 

Follow legal advice and court orders 

Once you've chosen a reputable attorney, it's essential to follow their legal advice closely. Additionally, adhere to any court orders or rules related to your case. Noncompliance can lead to negative consequences that might compromise your case's outcome. 

The Don'ts of Pursuing a Medical Malpractice Claim 

While being mindful of the positive actions to take when pursuing a medical malpractice claim is important, it's equally critical to recognize the pitfalls that can undermine your case. Avoiding these common mistakes can be just as essential for a successful outcome. Here are some key "don'ts" to keep in mind as you navigate through this legal process. 

Don't wait too long to start 

Every state has a statute of limitations for medical malpractice claims. This is a law that sets the maximum time after an event within which legal proceedings may be initiated. Waiting too long could mean forfeiting your right to pursue compensation. We'll ensure you're aware of these timeframes and help you initiate your claim promptly. 

Don't hide information from your lawyer 

Your relationship with your lawyer should be built on trust. It's crucial to keep us in the loop about every detail, no matter how insignificant it may seem. Withholding information could jeopardize your case. Remember, we're here to represent your best interests. 

Don't talk about your case on social media 

In today's digital age, it's tempting to share our lives on social media. However, discussing your case online could potentially harm your claim. Insurance companies and defense lawyers often scour social media profiles for evidence to dispute claims. It's best to keep your case off public platforms. 

Don't disregard doctor's advice 

It's imperative that you follow the medical advice and treatment plans provided by your healthcare professionals after the incident. Disregarding or deviating from prescribed medical care can be used against you, suggesting that you did not take reasonable steps to mitigate the damages caused by the alleged malpractice. 

Don't settle too quickly 

While it may be tempting to settle your medical malpractice claim quickly, doing so may result in compensation that is much less than what your case is worth. Take the time to consult with your attorney and understand the full extent of your damages before making any decisions. 

Don't speak with the opposing party's insurance without your attorney

Interactions with the other party's insurance should be handled by your attorney. Insurance adjusters are skilled at obtaining information that can undermine your claim. Direct all communication to your legal representative to protect your interests. 

Don't Face This Alone

Navigating a medical malpractice claim can be challenging, but you don't have to do it alone. At The Berger Firm, we're here to provide the guidance and representation you need. 

Our dedicated team brings a wealth of experience and a commitment to serving the Greater Cincinnati and Northern Kentucky areas, including Newport and Florence.  

Remember, it's not just about understanding your claim; it's about securing peace of mind and a positive future. Let's face the challenges together. You're not alone — we're here, ready to fight for you.