If you are considering pursuing a medical malpractice claim, chances are you have experienced the distress that comes with a healthcare provider’s mistake. Whether it’s a surgical error, a misdiagnosis, or something else, the road ahead can feel uncertain. You want answers, and most importantly, justice for the harm you’ve suffered.
But here’s the reality: even if you have a valid malpractice claim, one mistake can potentially derail your case. There are many pitfalls in trying to navigate the litigation world while also continuing your health care at the same time.
Let’s take a closer look at how inconsistent medical records, communication pitfalls, and early legal guidance can either make or break your medical malpractice case.
Inconsistent Medical Records: Why Failing to Follow Doctor’s Orders Can Severely Weaken Your Case
It might seem counterintuitive, but not following your doctor’s orders can hurt your medical malpractice claim, even if the care you received was negligent. Here’s why:
- Non-Compliance Can Be Used Against You: In medical malpractice cases, you must prove that the healthcare provider’s negligence directly caused the harm you’re now facing. But if your medical records show that you didn’t follow through with prescribed treatments or you engaged in activities against medical direction, it leaves room for the defense to argue that your failure to comply—not the doctor’s mistake—was the real cause of your injury. This can be a major obstacle in your case. Failing to follow doctor’s orders—even if their care were thought to be negligent—could severely weaken your case.
- The Law Demands Effort to Mitigate Harm: Even when the doctor made a mistake, the law expects you to do everything possible to mitigate the damage. This means following the recommended treatment plan and attending follow-up appointments to allow yourself the best opportunity for recovery. Skipping appointments, neglecting prescribed medications, or ignoring recommended therapies can all give the defense ammunition to claim that you did not give yourself the best chance for recovery. This can also impact your credibility in the eyes of the jury.
- What You Can Do: The best approach is to always follow medical advice, even if you feel uncomfortable or doubt their recommendations. If you are unsure about a treatment or feel like something isn’t right, get a second opinion. Keep a record of all treatments and your compliance. If you do have a valid reason for not following the treatment plan, make sure it is documented in your medical records at the time. This documentation will protect you and provide clarity if it comes into question later.
Communication Pitfalls: Why Venting Frustrations on Social Media Can Damage Your Credibility
In the age of social media, many of us turn to platforms like Facebook or Twitter to vent personal frustrations. But when you’re involved in a medical malpractice case, what you say online can be used against you in ways you might not anticipate or realize.
- Inconsistent Statements Can Weaken Your Case: Imagine posting that you’re “feeling fine” or “back to normal” after your injury, only for the defense to point out the contradiction when you later claim that the injury significantly impacted your life. Claims that you are unable to do certain activities that then show photographs on social media platforms engaged in similar activities will be used even if you have a good explanation for them. The defense may use your social media posts to argue that you weren’t as affected by the injury as you claim or that you’re exaggerating the extent of the harm. This kind of inconsistency between your online posts and your testimony can undermine your credibility in the eyes of the defense counsel, insurance company and ultimately the jury and the judge.
- Venting Online Can Affect Your Case: Even if you think you are only venting about the healthcare / provider on social media and not about your case itself, everything you post can be discovered by the opposing party during the legal process. You also can’t control what others post in response. A heated comment can be pulled into the discovery process and used as evidence against your credibility.
- Best Practice: During a medical malpractice case, it is best to refrain from posting anything related to your injury, your healthcare provider, or your legal case. If you’ve already shared posts, it is important to consult your attorney about how to handle them. Sometimes, it may be necessary to restrict access to your social media accounts to prevent any potential damage to your case. Blogs, posts on Facebook, Twitter (X), Snapchat, or other social media platforms are discoverable and you may not even know it is being viewed in your legal case.
Text Messaging Warnings: Privacy is not Privacy
While we all text to communicate with family, friends and now even our doctors, your texts are also evidence when you bring a medical negligence claim. They will be requested and they are retrievable! What you may expect to be a private communication will not be.
- Be objective, not emotional.
- Don’t berate or make emotional statements about your healthcare provider to others.
- If you are providing medical information, be factual and accurate- don’t exaggerate but don’t downplay your concerns.
- If you share photographs, make sure you keep them, including time and date taken, and who you sent them too.
- Do not engage in communications about other people’s bad experience with the same healthcare provider. A physician’s bad care of others is rarely admitted evidence in your case and portrays you in a poor light.
- Stay on the moral high ground!
How Early Legal Guidance Prevents Mistakes
Medical malpractice cases are complicated, and the stakes are high, which is why early legal guidance is essential. By consulting an attorney as soon as possible, you can avoid many common mistakes that could weaken your case.
Here’s how having legal representation from the start can make a significant difference:
- Prevents Avoidable Mistakes: An experienced attorney can help you navigate the legal process smoothly and avoid common missteps, such as non-compliance with medical advice or posting something harmful on social media. With early legal guidance, you will have a clear understanding of what to do (and what not to do) from the start. It’s about knowing the right steps to take and avoiding actions that could undermine your case.
- Helps You Build a Strong Case: Your attorney will help you gather the necessary documentation, like medical records and expert testimony, and ensure that all the legal procedures are followed correctly. They’ll also help with handling any communication between you and your healthcare provider, making sure that everything is properly documented and can be used to strengthen your case.
- Protects Your Rights: The earlier you consult with a lawyer, the stronger your case can be. They’ll not only guide you through the legal process but will also protect your rights and ensure you don’t make costly mistakes that could ruin your chances of fair compensation.
- Ensures You Don’t Miss Critical Deadlines: Legal deadlines, known as statutes of limitations, can be very strict in medical malpractice cases. If you miss these deadlines, you may lose the right to file a claim. A lawyer will make sure that all filings and necessary documentation are submitted on time, preventing you from missing any important legal deadlines.
Bottom Line: Your Best Defense Is Proactive Legal Guidance
There are avoidable mistakes that undermine your case—like venting on social media, failing to follow doctor’s orders and sharing freely your complaints and concerns with others. By consulting with an experienced attorney early in the process, you can avoid these common pitfalls and ensure that your case is as strong as possible.
If you or a loved one has been harmed by medical negligence, fill out our intake form today. Our team is here to help you make informed decisions, strengthen your case, and navigate this complex process with confidence.
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