Categories: Law

3 Things That Could Ruin Your Medical Malpractice Lawsuit

June 16, 2020

Filing a medical malpractice claim is a serious step that requires careful planning and detailed organization. Medical records, accident reports, and witness statements may be needed to support your case. Working with an attorney who specializes in this area can provide valuable assistance. Avoid doing these three things that could jeopardize your lawsuit.


When filing a medical malpractice lawsuit, the defense lawyers will want to see records that you have followed your doctor’s orders. Any deviation from the prescribed standard of care by health providers could be construed to make you appear to be the guilty party and responsible for your health problems and damages. If a doctor or health professional was at fault, and you were not aware of it, then they bear the responsibility for causing you harm that has led to the malpractice claim. Medical records should clearly indicate the treatment you received from doctors, nurses, physical therapists, technicians, pharmacists, and other medical professionals and  should show the degree to which you followed their guidelines and directives.

Missed Appointments and Deadlines

When you miss appointments, especially without cancelling or rescheduling them, your actions may be cited as related to the health problems you have experienced. Failure to follow with your medical providers could make you appear negligent or unconcerned. Stopping treatment, like medication, physical therapy, or counseling, early or accepting it intermittently may also be used against you when opposing lawyers paint you as someone who is contributing to their own health problems. 

It is also important to keep your attorney appointments as well as attending hearings, depositions, and other court-ordered procedures that are required to process your claim. Failure to do so may lead to the case being dismissed by the judge.

Untruthful Claims

A malpractice claim must be supported by clear evidence and truthful information. Anyone who exaggerates or tries to change the facts of the situation can be found guilty of perjury. Avoid making statements in the legal documents that cannot be supported or proven. In some cases, professional witnesses will have to be recruited and testify under oath about their understanding of your health conditions and the treatment you received from medical providers. Expert witnesses will provide an experienced interpretation of the facts as represented in the documents, so their view should align with yours. If they disagree, that will weaken your case. If you make medical claims that are later countered by witnessed accounts of you performing physical or mental actions that disprove your claim, that will work against you.

Be careful and truthful in explaining your concerns to the attorney you are working with. Cooperate to provide qualified evidence to support your malpractice claim. By avoiding simple mistakes like these, your case will have a better chance of success.

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