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Protect Your Case


  • There are certain things you need to be aware of when considering a medical malpractice case.  Occasionally you will find that rare medical provider who will tell you a mistake has been made.  These are among the most competent people in the business.

  • Just because someone admits to making a medical mistake doesn't mean that you have a medical malpractice claim that you can prove in court.  You must also prove that the malpractice caused some injury or damage to the patient.  This is where most cases fail.

  • Just because you overhear some suspicious conversation or you feel that you have been mistreated, or the result of your medical treatment does not meet with your expectations, also does not mean that there is medical malpractice.

  • The most important thing you can do is to save all prescription bottles, and order a complete set of your medical records immediately.  Do not let the hospital that caused the injury also do an autopsy.

  • If there is a death, an autopsy is essential if you wish to prove a case.  Don't avoid doing an autopsy because the funeral director or family members do not wish to disturb the remains.  If you fail to do an autopsy, you may loose important evidence of malpractice.

  • Names and addresses of witnesses are important because they will have to be found months later.

  • Don't discuss your case with anyone because what you say can be used against you as a legal admission.  It is important that an attorney be involved as soon as possible because many of these decisions will have to be made by him.

  • If the medical providers feel that you are a victim of negligence caused by them, they may refuse further treatment.  It is not unusual for important records to be altered or disappear.  If you feel that you have been a victim of malpractice, you should seek a new and independent medical provider.  If you relate to the new provider that you are considering suit, please remember that he will record this fact as part of your history, and the history will be evidence in your case.

  • Looking for negligence in a medical malpractice case is like looking for a needle in a haystack with critical evidence not being discovered until long after the suit has been filed and depositions are taken.  Thus, it is impossible to know what really happened in a case until the pretrial discovery process is completed and the experts render their opinions.



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