What To Do If You Have To File A Medical Malpractice Lawsuit In California?
Though you may not want to think about it, your personal injury lawyer will tell you that medical malpractice lawsuits are not unheard of. If you think you have been the victim of medical malpractice, you should do two things. First, you should hire a good personal injury lawyer who will help you win. Then you should file a medical malpractice lawsuit against the offending doctor. You’ll need the money, especially if you have suffered from serious bodily injuries and/or disability because of medical malpractice.
Don’t call your health insurance company before talking to your lawyer
Never call your health insurance company before you talk to your personal injury lawyer. Just don’t do it. Doing so could seriously hurt your medical malpractice lawsuit. There are two main reasons for this:
● You’ll give your doctor notice that you want to sue him or her. This will give him or her time to prep and counter your claims.
● Calling the doctor’s office for information about your claim immediately could make the court rule in favor of your doctor. The courts could issue you a ‘presuit notice.’ This will dramatically shorten your statute of limitations. All of this could happen if you contact your doctor’s office before consulting with your personal injury lawyer in Monrovia.
These steps will help you when prepping your medical malpractice lawsuit with your personal injury lawyer.
1. Gather the necessary documentation. You’ll want to work with your personal injury lawyer to collect the following documents right away:
a. Medical records
b. Dates and times, you visited the doctor and the procedures performed
c. Names of all medical and health care providers and health care clinics/hospitals involved.
d. Personal notes of suspected malpractice
e. Medication and prescription lists related to your condition
f. Copies of medical bills or insurance statements
g. Photos or videos of your injuries
h. Eyewitness contact information
• Contact a personal injury lawyer. You’ll need to hire one because insurance companies are rich and powerful and can lawyer up quickly. Additionally, medical malpractice law is complex in California and can be difficult to navigate on your own even if you do have some legal background and understanding.
• See a new doctor. The reasons why should be obvious. You can ask your personal injury lawyer for recommendations.
• Don’t post about your case on social media. Your doctor could use the information in your posts against you in court.
• Keep a detailed journal of doctor’s visits, prescriptions, symptoms, tests and imaging, screening, results and important conversations
Indeed, medical malpractice law can be on your side if you follow the information discussed in this article and you hire a good personal injury lawyer.