Your actions before coming to a medical malpractice attorney can sometimes make or break your personal injury, medical malpractice or Federal Tort Claims Act (FTCA) case. Here are a few things you should do, and NOT do before you even contact an attorney.
Contact an attorney. Many medical malpractice claims have a Statute of Limitations of two years. Some medical malpractice cases, depending on the state, can have a shorter statute of limitations (or time to bring suit). If you miss that deadline, you can be prevented from bringing a lawsuit. Also, an attorney will need time to evaluate and build your case. This process can take a few months, so it is important you contact a lawyer as soon as you suspect medical negligence may have occurred.
DO gather all medical records related to, and following the incident. Any law firm that you hire will need to review medical records related to the injury from the hospital where the injury occurred and from other medical providers, rehabilitation centers, or personal physicians you have seen. These records are necessary to evaluate and prove any medical malpractice or medical malpractice case.
DO make a list of the names of all relevant medical providers even if you haven’t obtained the records yet. This will help you keep organized and allow your attorney to get medical records if you cannot.
DO locate the last five years of income tax records, W-2 forms, and pay stubs of the injured person. The law requires each claimant to submit proof of any lost wages or the loss of earning capacity, which will be based in part on your past earnings. Summarize your work history and your educational background if you don’t have a current resume. If the victim of medical malpractice is a child, gather this information for both parents of the child. If the victim is retired, gather information on retirement or disability benefits.
DO gather family photos & videotapes from before and after the incident. In any medical malpractice case or FTCA medical malpractice case, we must prove that the negligence of the defendant medical providers caused the claimants severe harm. Family pictures and videotapes from before and after the injury are helpful because they show just how much the medical malpractice has changed your life. All originals will be returned to you, or you can provide copies to us.
DO obtain copies of birth certificates for all claimants and marriage certificates for any married claimants. Sometimes these documents are required before a claim can be settled, to prove claimants are related.
If the victim is deceased, DO obtain a copy of the death certificate, autopsy report, and will (if one exists). These documents sometimes play an important role. It may also be important to get a court to appoint an administrator of the estate. When filing a wrongful death case, it is necessary to have the proper legal authorization to represent the deceased person or the estate. This can easily be done through a lawyer specializing in wills and estates in your state.
DO NOT blog, email, or post notes on social networks about the details of your case. This may be the most common way that a client can hurt their own case. Anything you write or say about the case can be used against you by government attorneys. Comments made to friends or pictures on sites such as Facebook or Instagram may be used to discredit your case. Even web pages on a private setting are not necessarily secure, and may still be discoverable by defense lawyers. Many people are not careful about what they write on the web and even a casual remark reassuring a friend that you are “doing okay after the injury” can be used to undermine your claim, even if you are simply trying to be strong for your family. While it may be tempting to share news with family and friends about an ongoing illness or injury through websites like Caringbridge.org, avoid posting any details about the incident or ongoing treatment. Remember, even what you delete from the web can usually be retrieved so please refrain from posting.
DO NOT vent or argue with providers about what went wrong. Any correspondence or emails with the providers or their staff can hurt you in the long run.
DO NOT throw away or permanently mark on any medical records. Your medical records are essential evidence in your medical malpractice case. Do not deface them in any way with markers, highlighters or pens. If absolutely necessary, you may feel free to use sticky-notes to communicate information to your lawyer.
DO NOT miss any doctor’s appointments. Your actions as a patient will be scrutinized by defense lawyers in an effort to find fault with your behavior or minimize your injuries. It is important that you properly follow your physician’s instructions and do not miss any post-injury appointments. If the judge or jury does not believe you will attend appointments, it will be hard to convince him/her that damages for future medical care should be awarded or that you have a serious injury.
DO NOT WAIT to contact a lawyer specializing in medical malpractice, personal injury and the FTCA.