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Pursuing a medical malpractice claim requires careful steps, and missteps along the way can weaken a case. Attorneys like our colleagues at Pavlack Law, LLC can attest that avoiding common mistakes is often just as important as the evidence presented. Mistakes can open the door for the insurance company to find or manufacture reasons to deny or undervalue your claim.
Waiting Too Long To Take Action
One of the most common errors people make is waiting too long to act. Medical malpractice cases have strict deadlines, known as statutes of limitations. Missing these deadlines can mean losing the right to file entirely. Acting promptly allows time for gathering records, consulting professionals and specialists, and building a strong claim.
Failing To Collect Complete Medical Records
An experienced medical malpractice lawyer knows that a strong case relies on accurate and complete documentation. Medical records often hold the clearest picture of what occurred, yet some people fail to request or maintain them properly. Having these records from the very beginning provides a foundation for your attorney and any medical professionals who may review the case.
Overlooking The Importance Of Independent Reviews
Many people make the mistake of relying only on their own account of what went wrong. Independent reviews by qualified medical professionals are often critical to establishing that negligence occurred. Without this step, claims may lack the credibility courts and insurers require.
Speaking Directly With Insurance Companies
Insurance representatives may contact individuals quickly after a claim is filed. Bad faith attorneys always caution against speaking to the insurance company before speaking with an attorney, as anything said might be used to weaken the case. Having an attorney handle communications helps protect the details of your claim and avoids giving insurers an advantage.
Posting About The Case Online
Another common mistake is sharing information about the situation on social media. Posts, even those made casually, may be used by opposing parties to cast doubt or downplay harm. Keeping details offline and private, even if it may seem innocent, is one of the simplest ways to protect your case.
Accepting A Settlement Too Quickly
After filing, it’s not unusual for insurers to offer an early settlement. While the offer may seem appealing, it often does not reflect the full value of the harm suffered. Reviewing any settlement with an experienced lawyer helps determine whether it truly accounts for medical costs, long-term care, and other damages.
Choosing The Wrong Legal Representation
Finally, selecting the right attorney is essential. Not every lawyer has the background needed for medical malpractice claims. Working with one who has the necessary experience increases the chances of building a well-supported case and reaching a fair outcome.
Contact An Attorney Today
Avoiding these mistakes can make a significant difference in the outcome of a claim and help you recover the compensation that you need and deserve. Careful preparation, strong documentation, and proper legal guidance are central to achieving the best possible result. If you or a loved one is considering a medical malpractice case, taking these steps can help protect your rights and strengthen your claim.
