Having a loved one injured or killed as a result of medical malpractice is one of the most traumatic events you can experience. If that unfortunately occurs, you need immediate, expert legal advice to negotiate the complex decisions that lay before you. There are several things that you can do to help or hurt your situation at that moment, and being aware of them now can mean the difference between caring for your family and assets and financial ruin.

Do:

Do Shut Down Social Media Accounts

While this is not a criminal situation, the old saying “anything you say can and will be used against you in a court of law” still holds true.  Your statements on your Facebook page can come back to haunt you, as opposing counsel may use them to show that your story has changed or that you are lying. Old photos of your loved one may be used to demonstrate that their injuries or death were caused by their own conduct. While it is an inconvenience, shutting down your social media accounts and those of your loved ones is a necessity to protect your interests until your case is concluded.

Do Tell the Truth

There is a misconception that people can get away with lying and manipulating the truth in court. In fact, that rarely works. Lying about any aspect of your case can ruin any chance you have to attain any financial recovery, and even deception about an unrelated issue can be used to discredit you in the eyes of the court or jury.  You will likely have to tell your story many times, to your attorney, in depositions, and in court. Lawyers are trained to hone in on inconsistencies and exploit them to show that a person’s story has changed.  They then argue that those changes suggest that the person is being deceptive. The easiest way to “keep your story straight” is to tell the truth and stick to it.

Do Hire An Experienced Attorney

If a loved one is seriously injured or killed due to medical malpractice, you can be sure that the doctor or hospital will have the best legal representation money can buy. Proving medical malpractice is difficult, and you cannot just hire anyone to represent your interests. You should only consider hiring an attorney with an extensive background in medical malpractice representation. Hiring an attorney without that track record sends a message to the insurance companies and opposing counsel that you will likely settle the matter for less than the case is worth. The opposite is true when you hire a veteran medical malpractice attorney; that sends a message to the other side that they should pay you what the case is worth to avoid a protracted battle against a skilled adversary.

Don’t:

Don’t Assume That a Quick Settlement is In Your Best Interest

A quick settlement usually benefits the insurance company representing the doctor that injured or killed your loved one.  A quick settlement may be convenient, but it’s worth a fraction of what you may attain after a competent attorney retains experts to review the evidence in your case. Medical malpractice cases are usually measured in years because of the complexities involved. Assuming it will resolve quickly will usually result in you getting less than you deserve.

Don’t Assume That All Bad Medical Outcomes are Negligence

A patient’s failure to respond to medical care is not necessarily negligence or malpractice. When someone is injured or killed, there is often strong impulse to assign blame. But not every injury or death results in a successful personal injury case, as sometimes there are bad outcomes even when medical professionals meet their professional obligations. Speaking to an attorney about the facts of your case is vital to attaining an understanding of whether the tragic event a loved one suffered is provable malpractice or simply an unfortunate result of legitimate medical care.

Don’t Play Detective 

Let your attorney do the intense work of researching your case and asking tough questions. Taking any role in the investigation of your case, such as asking hospital or medical personnel questions, can ruin it. While you may be reaching out to them out of grief, curiosity, or a desire to help your case, your questions may bias them against you or tip off insurance companies about your attorney’s case strategy.

A medical malpractice claim calls for an experienced personal injury attorney.

Call Barrett Law now, an experienced Mississippi personal injury law firm, to represent you if a loved one has been injured or killed as a result of a medical procedure.

When a loved one has been injured or killed is a very serious legal situation, and entrusting representation to anyone less than a highly experienced personal injury attorney is a mistake. Barrett Law has the experience to take on insurance companies and defense counsel that are focused on denying your compensation for the harm your loved one experienced.  Contact us now at (601) 790-1505.