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What to Do If You Suspect Medical Malpractice
What to Do If You Suspect Medical Malpractice

If you suffered complications while being diagnosed or treated for an injury or illness and you think your provider was to blame, you may have grounds for legal action. When practitioners fail to abide by the most widely accepted standards of care, they can be deemed liable for any issues that arise.

Should you be considering filing a claim, you can help your case get off to a strong start by taking the following steps right away:

1. Seek Care Elsewhere

Naturally, your first priority after suffering complications will be your health. If your condition is not stable, visit another doctor for comprehensive care. And if you think the facility had a hand in the malpractice that occurred, make sure your new provider is associated with an entirely different practice.

2. Preserve All Relevant Records

Your medical records will inevitably serve as the foundation of your claim, so make copies of everything to ensure redundancy and then put them in a safe place. This includes hospital logs, diagnostic images, and prescriptions.

Billing statements from your health insurance carrier and paystubs tracking any work you missed could also come in handy when it comes time to prove damages, so save those documents, as well.

3. Follow Your New Doctor’s Orders

In order to pursue the maximum payout possible, you’re going to have to demonstrate a commitment to mitigating damages. That means facilitating your recovery by following all medical advice. You should stay out of work for as long as instructed, for example, take any medication as prescribed, and attend all follow-up appointments.

4. Track Recoverable Damages

Medical malpractice victims may seek funds for all the losses they incur as a result of the complications they suffer. You’re going to have to prove, however, that you suffered such damages before you can recover them. As such, it’s important to save all applicable receipts, bills, and other corresponding documentation.

In Florida, recoverable damages include medical bills, lost earnings, the cost of replacement services, and domestic help. Claimants may also pursue compensation for non-economic losses like pain and suffering, which they can prove using journal entries, statements from loved ones, and psychological evaluations.

5. Do Not Collaborate with the Negligent Party

Once the facility learns of your pending action, they may reach out and offer to help. At the end of the day, it’s in their best interests to handle the case internally, so they may even propose a collaborative effort.

While you cannot keep them from conducting their own investigation, you should not cooperate with them. Since your ultimate goal—to hold the facility accountable—is in direct opposition with their own, you cannot count on them to advocate for you, no matter how sympathetic they seem.

Call (727) 821-1500 to Discuss Your Case with a Florida Medical Malpractice Lawyer

To see if you have grounds for a medical malpractice claim, turn to Emerson Straw. Our resourceful team is equipped to take on even the largest health care institutions and the most powerful liability insurers.

Backed by more than 70 years of collective experience in the legal field, we know what it takes to secure satisfactory outcomes for our clients. Call (727) 821-1500 or complete our Contact Form to schedule a free case review with a medical malpractice attorney in Florida.

The information on this website is not legal advice for any particular case or circumstance. It is intended for informational purposes only. Use of this website does not establish an attorney-client relationship.

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