Ask a Lawyer: 7 Mistakes to Avoid During a Medical Malpractice Case

Medical malpractice is a serious issue that can have acute, long-term effects on your wellbeing. When you are dealing with the adverse health effects of a medical professional’s negligence, it is extremely important to work with a medical malpractice lawyer who will fight for all the compensation you deserve.

Filing a medical malpractice claim in Baltimore is complex, and insurance companies will make every effort to lowball your payout. Here are some of the most common errors you should be aware of even before you begin the process:

Ask a Lawyer: 7 Mistakes to Avoid During a Medical Malpractice Case

Medical malpractice
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1. Failing to See a Second Doctor

Medical malpractice can take many different forms. Some of the most common types of medical malpractice claims pertain to:

  • ER errors
  • Birthing Injuries to the child or mother
  • Misdiagnosis
  • Surgical Errors
  • Mistakes in prescribing medication

If you feel that you experienced a type of malpractice, the first step is to get a second opinion from another doctor. He or she can help determine if the first doctor made a mistake. From there, he or she will modify your treatment so that you can recover from the negligence and address the initial health concern.

2. Not Requesting Medical Records

Your medical records will play a big role in your malpractice claim. They provide information that your lawyer can use to support your claim, such as test results and records of previous treatments. You should request them as soon as possible.

If you don’t request your medical records, you run the risk that someone might tamper with them, destroying valuable evidence. Here is some information on your rights to your medical records under HIPPA.

3. Not Hiring a Lawyer

Ask a Lawyer: 7 Mistakes to Avoid During a Medical Malpractice Case 1
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While it might be tempting to avoid attorney fees by going it alone, chances are you will lose more than you gain. Medical malpractice is one of the most complex forms of personal injury law. If you do not follow correct protocols because you are unaware of them, you risk losing your claim or having your case thrown out of court. In a best-case scenario, the amount of time you spend educating yourself on how to sue for malpractice will probably be disproportionate to the money you save.

Working with a qualified attorney has several advantages that you will miss out on if you attempt to represent yourself. For one thing, your attorney can help you identify what damages you can claim, including medical bills, lost wages, and pain and suffering. He or she can also show you how to build the evidence necessary to support your claim. Working with a professional who understands how the law views medical malpractice is very important if you want to get through the process efficiently while working towards a just payout.

4. Hiring the Wrong Lawyer

Medical malpractice is more complicated than other forms of personal injury law, such as workers’ compensation and automobile accidents. There are more steps to filing a claim, such as submitting it to a medical board and obtaining a Notice of Right to Sue. The outcome of the claim will often depend on testimonies from other medical professionals and the submission of sensitive evidence to show that your doctor failed to provide the standard of care in your situation.

When you are in dealing with medical malpractice in Baltimore, MD, there are no opportunities to learn on the go. You need a lawyer who has ample experience in cases that are similar to yours.

5. Waiting Too Long to Speak With a Lawyer

In Maryland, the statute of limitations for medical malpractice cases is 5 years. That means you have 5 years from the time the error occurred to file a claim. While that might seem like a long time, insurance companies can use various tactics to delay your claim as it works its way through the system. Additionally, your lawyer might suggest that you obtain time-sensitive evidence. For those reasons, it is important to get in touch with a lawyer as soon as possible.

6. Not Keeping a Journal


One way to build evidence is to start keeping a daily journal as soon as you realize you may have been the victim of medical malpractice. You should write down the symptoms you experience, the treatments you undergo, and the ways your injury affects your life. In addition to using your entries as evidence, a lawyer might also use them to help determine what additional expenses you had to pay after your injury.

7. Talking About Your Claim

The more information you share about your situation, the more opportunities the insurance company has to use your words against you. Always refrain from threatening the doctor who harmed you or disclosing your intention to submit a claim. Never talk about it on social media, even if your account is private. In the event that the insurance company contacts you with questions, you should consult your lawyer before you tell them anything.

Work With a Medical Malpractice Lawyer in Baltimore

While it is important to educate yourself on the pitfalls of dealing with medical malpractice, the best advice you receive will come from your lawyer. Your recovery depends on you receiving adequate compensation so that you can start the healing process. A medical malpractice attorney will be by your side, working tirelessly to get you justice in a complicated area of the law. 

Ask a Lawyer: 7 Mistakes to Avoid During a Medical Malpractice Case 2

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