When it comes to medical malpractice claims, your credibility is your strongest asset. Unfortunately, it is easier than you think to undermine the strength of a case.
There are a few mistakes that everyone should watch for when navigating their medical malpractice claim.
1. Making inconsistent statements
One of the fastest ways to undermine your case is by providing conflicting accounts of the incident. Whether speaking to healthcare providers, insurance companies, or in court, maintaining a consistent and clear narrative from the outset is vital. Any discrepancies, no matter how minor, can cast doubt on the validity of your claim and erode your credibility.
2. Delaying medical treatment
Delays in obtaining necessary treatment can weaken your case by suggesting that your injuries are less severe or unrelated to the alleged malpractice. However, it’s important to understand that you should only pursue the medical treatment that is genuinely needed for your recovery. The goal is to receive proper care, not to exaggerate injuries for the sake of the claim.
3. Not complying with medical advice
Failing to follow your doctor’s recommended treatment plan can significantly weaken your case. Beyond this, you also have a legal duty to mitigate damages, meaning you are expected to take reasonable steps to minimize the harm or injury you’ve suffered. Disregarding medical advice or skipping appointments not only suggests that your injuries may not be as severe as claimed but also that you’re not fulfilling your obligation to mitigate damages. To strengthen your case, adhere strictly to all necessary medical recommendations and actively participate in your healing process.
4. Not disclosing pre-existing conditions
Transparency is critical in a medical malpractice case. Omitting information about pre-existing conditions that could be relevant to your injuries might come back to haunt you. Be upfront and honest about your medical history. Full disclosure helps to avoid any allegations of deceit and ensures that your claim is evaluated fairly and accurately.
5. Social media activity
In today’s digital age, your social media activity is more visible—and impactful—than ever. If you’re capable of doing something and are posting about it online, you shouldn’t be making a claim that you can’t do it. Posts or photos that show you engaging in activities your injuries should prevent can be used as evidence against you, potentially undermining your entire case. Exercise caution with what you share online, and ensure that your social media presence aligns with the realities of your situation. Avoid posting anything that could be misinterpreted or used to discredit your claim.
Legal professionals can help
Navigating a medical malpractice claim can be complex and challenging, but you don’t have to do it alone. Our skilled medical malpractice attorneys are here to help you pursue the compensation you deserve. You can contact us today to discuss your legal options with our no-obligation, free consultation. Call us at 602-910-6779 or reach out by email to request a consultation and see how we can help.