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Starting the conversation about medical malpractice

On Behalf of | Dec 1, 2020 | Medical Malpractice

Talking to your doctor about an injury or potential malpractice claim is emotionally difficult. It could also change the outcome of any case you try to make.

As personal injury lawyers, we admittedly have some professional attachment from these issues. However, we care deeply about our clients and want them to succeed. Here are a few of the things that could be effective during these initial discussions.

Corresponding in writing

It could seem rewarding to confront someone personally if you believe they injured you. However, this is probably not the type of closure you seek.

Instead of emotional release, you probably want compensation for your injuries. To that end, we often observe that communicating in writing is more effective than confronting someone in person. It has the following potential benefits:

  • You can choose your statements carefully so that they further your interests
  • Doctors can share your concerns in your own words
  • Written communication forms a record you might use in your case

Focusing on results

We find that a goal-oriented approach often helps. Your objectives could inform the questions you want to ask and the statements you want to make, for example.

In a typical medical malpractice case, the goal is to uncover evidence that negligence caused injuries. This is not the same as getting someone to admit they were wrong. In fact, many cases result in large payments for injured people without the defendant admitting fault in open court.

Maintaining skepticism

If you believe that a medical provider injured you, you are already in an adversarial situation. We find that a professional suspicion of the other party’s intentions often avoids unfair deals.

Overall, everything you say and do could matter. When you approach the subject for the first time with a doctor, you are essentially creating evidence for the civil claim.



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