Four Factors To Remember When Filing A Medical Malpractice Claim

Posted on: 22 April 2016

As a parent of a child who was injured at birth due to the negligence of a medical facility, it's important to understand that justice is achievable. Your path to justice begins with a medical malpractice suit. Once you are ready to file suit, there are a number of factors you want to remember to improve the outcome of your case.

Get Prompt Medical Attention

While the most important thing for your baby is proper medical treatment, this treatment is also important for your claim. If your child was injured during the birthing process, your failure to provide the child with access to the right type of medical care opens the door for the medical facility to argue that your negligence is somehow in part to blame for your baby's condition. Make medical treatment your main priority.  

Collect Pregnancy Medical Records

Collect all of your medical records from your pregnancy before meeting with your attorney for the first time. Birthing injuries or problems are often attributed to a pregnancy-related complication. A woman with a healthy pregnancy is less likely to experience a problem. Consequently, if you are able to provide a record of good health during your pregnancy, this assists with proving that your child's injuries are related to a malpractice on the part of the medical team and not a preexisting condition you had.

Remain Quiet

Don't talk to anyone about the case. This doesn't just apply to any attorneys or insurance companies representing the hospital, but this also means any of the hospital staff. Everything you communicate with these individuals will be used to disprove your case. A seemingly innocent statement like "I think so" or "maybe," can be twisted and used adversely in your claim. Remain silent and let your attorney work and communicate on your behalf.

Mentally Prepare For Independent Examinations

All parents are protective of their children; however, when a child has been injured at the hands of another person, the level of protectiveness often skyrockets. For this reason, it's a good idea to mentally prepare yourself for a series of independent medical examinations. After a malpractice claim has been filed, the medical facility will generally order that an independent examination be performed. It's also not uncommon for this exam to be repeated several times, so prepare yourself.

Make sure you are relying on the expertise of your attorney to increase the chances of a successful medical malpractice claim.

For medical malpractice lawyers, contact a law firm such as McLaughlin & Lauricella, P.C.