02 Jul Medical negligence cases: How to help your lawyer help you
Even after years of success in helping our clients win medical negligence suits, we’ll be the first to admit: these cases are very challenging to win. They often take a great deal of time and proving causation can be very difficult. Legal teams often won’t take on a negligence case unless they believe someone has a strong case.
If a lawyer does take on your medical negligence case, much of the work in researching, preparing for and presenting it will be in his or her hands. However, there are things you can do to help improve your chances for a successful outcome, in addition to hiring a highly experienced legal team as soon as possible.
Here’s a list of 4 things you can do to help your lawyer in a medical negligence case:
Write everything down
To effectively represent you, your lawyer needs to understand exactly what happened and build a story that will serve as the basis of the case. As soon after the incident(s) as possible, write down everything you can remember about your experiences.
If you can, include details about any related healthcare appointments, the people and caregivers involved, actions you took and any symptoms you experienced right after the incident, as well as in the weeks that followed.
Collect and provide all the documentation you can
Having good records of all your receipts, expenses, visits to and communication with care providers will go a long way in helping your lawyer prepare and present your case. Track down, scan and/or print copies of all these, as well as any relevant emails or text messages related to the case and give them to your legal team.
You’ll also want to collect phone numbers and contact information for healthcare providers in case your lawyer needs to interview them or follow up for additional information. Put all the documentation – sorted by date, if possible – in a file for your legal team.
Your partnership with your lawyer should be a true relationship, and just like all relationships, it will rely heavily on communication. In order for your lawyer to succeed, he or she will need to know all the facts and details of your case.
Small details often matter a great deal
In medical negligence cases, so don’t be afraid to speak up or worry that you’re sharing too much. If you remember something that you think might be important after your initial conversations, share it – it could mean the difference between winning and losing.
. . . and honestly
Don’t lie to try to improve your case. The truth will come out – possibly in very public, embarrassing ways. Be honest with your legal team from the beginning so they can build the best possible case.
And while your medical negligence case might involve personal, private health data that you feel shy about sharing, remember: your lawyer cannot share confidential information with anyone unless you give them permission to do so.
Still have questions?
Time is of the essence in negligence cases. If you believe you or a loved one has suffered because of medical error or malpractice, please contact us to speak with a member of our experienced legal team.