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Naples Personal Injury Attorney > Blog > Personal Injury Lawyer > Biggest Mistakes To Avoid After Becoming A Victim Of Medical Malpractice

Biggest Mistakes To Avoid After Becoming A Victim Of Medical Malpractice


Medical malpractice happens when a medical professional’s negligent act(s) injures a patient. Fortunately, in Florida, you can file a medical malpractice claim after becoming a victim of medical malpractice and obtain compensation for damages incurred. However, you must note that only the injuries that occur due to a medical professional’s negligence can be the basis of a Florida medical malpractice lawsuit. Also, it is crucial for you to note that not all medical mishaps happen due to negligence. Some medical mishaps occur even after a medical professional has acted with a level of care that an ordinarily prudent individual would have exercised under similar circumstances.

Filing a Florida medical malpractice claim can be a confusing and torturous process. Many without any experience dealing with medical malpractice claims find it difficult to file such claims. Since it is difficult for them to understand what needs to be done, many people who become victims of medical malpractice end up not having successful cases. Quite a number of people end up making mistakes when dealing with medical malpractice claims.

When people come to see us over a potential medical malpractice claim, we often find that they have already made mistakes that are hard to recover from. Since we do not want you to harm your medical malpractice case by making the same mistakes we have seen people making, we have compiled some common mistakes others have made in this article. With the help of this informative article, hopefully, you can avoid making the same mistakes and protect your right to compensation.

Mistake #1: Delaying Getting an Attorney

Unfortunately, this is one big mistake that people make quite often. While reading this from an attorney may seem a bit biased, the reality is that you do need an attorney if you are dealing with a medical malpractice case. Waiting too long to seek legal representation can adversely affect your case. Medical malpractice cases are cases where evidence can disappear quite fast. It is crucial that if you were a victim of medical malpractice, you hire an attorney on time so they can gather the evidence needed to support your claim. Keep in mind that after gathering evidence, your attorney most likely needs to take the evidence to an expert who can testify to the negligence of whatever medical professional you’re trying to sue. When dealing with a medical malpractice case, you need to involve an attorney as soon as possible if you are to have any chance of finding an expert on time.

Mistake #2: Hiring the Wrong Attorney

This is another huge mistake that many individuals make after becoming victims of medical malpractice. Because medical malpractice cases can get complicated, you want to make sure that you hire an attorney with experience dealing with such cases. You also want to ensure that you hire an attorney with the skills needed to know which expert witness you need for your case since medical malpractice cases usually involve expert witnesses. Apart from ensuring you hire an attorney with experience handling medical malpractice cases and with the expertise to know which expert witnesses to involve in your case, you want to make sure that you hire an attorney with the resources needed to see your case through to the end. Suppose you hire an attorney with no experience and little resources. In such a case, your case might fail, no matter how negligent the medical professional was or how badly you were injured.

Mistake #3: Failing To Obtain a Copy of Your Medical Records

After filing a medical malpractice claim, it is crucial that you obtain all your medical records, so they don’t get tampered with. It would be best to collect your medical records as soon as possible after learning that you are a victim of medical negligence. Obtaining your records as fast as possible minimizes the risk of someone altering any information on your medical records. If you delay gathering your medical records, your claim may suffer if someone changes information on them.

Mistake #4: Suing the Wrong Parties

One big challenge in medical malpractice cases is identifying which party to sue. If you have seen many medical providers, it may be extremely challenging for you to know which one to sue. When you sue the wrong party or fail to include a party in your claim, your case may suffer, especially if you find out about your mistake when the statute of limitations has run by. Before you sue any party, it would be best to consult an attorney to ensure you sue the parties that need to be sued.

Contact a Qualified Naples Medical Malpractice Attorney

If you or a loved one was severely injured due to medical negligence in Florida, contact a qualified Naples personal injury attorney at The Law Office of Marc L. Shapiro, P.A., today at 239-649-8050 to receive legal help.

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