When a medical professional makes a mistake, it is often a clear-cut medical malpractice case. However, the fact that malpractice has taken place does not always lead to an automatic victory in the courtroom. Although it might not seem fair, the victim's actions in the case can impact their claim, even if it is negative. All victims must know what to do — and what to do — to best support their case.

Ceasing Medical Intervention

When one doctor or other healthcare worker does not handle you with the utmost care, it is natural to be apprehensive about trusting someone else. However, for the protection of your health and your case, you have to learn how to. When a malpractice victim refuses to follow the prescribed orders of the physician charged with their care, it gives the appearance that the victim either does not care about the matter or that they are healed. Neither scenario will support a successful case.

Improperly Assigning Responsibility

A medical malpractice suit is more or less a one-time effort. What this means is that a victim cannot sue one party, such as the hospital, and if they are unsuccessful, try to then place the blame on the hospital facility. You must assign liability correctly the first time and only file a claim against the parties determined to be at fault. An attorney can review your situation to help you assess who is responsible.

Providing False Information

Only provide information about your health that you know to be true. In fact, it is best to let your medical records do the talking when it comes to your health. Even if unintentional, an inaccurate statement about your health can be used against you. The insurance company can use something as simple as a statement about feeling better as proof that you are recovering. 

Discussing the Claim

Being the victim of medical malpractice is both life-altering and devastating. As a result, people often want to vent with others about their circumstances, but discussing your claim will often do more harm than good. Medical facilities are especially cognizant of their public perception, and a victim discussing the terms of a settlement agreement is not something they desire. Once they become aware of this public discussion, the entire settlement process could be derailed.

In addition to legal direction, an attorney can also work with you to ensure you are helping, and not hurting your claim. Ensure you partner with your attorney for help.

Contact a local legal professional to learn more, like David Helfand PA.