By VSCP LAW
You’ve been injured in a healthcare setting. Now what? Here are five steps you and your Medical Malpractice Lawyer in Philadelphia can take to help you protect your rights.
The first step in any Philadelphia medical malpractice case is to contact an experienced Medical Malpractice Lawyer in Philadelphia as soon as you believe your injuries are the result of a medical error. Because there is a law called the Statute of Limitations that prevents you from filing your lawsuit after a certain amount of time, it’s imperative that you contact a lawyer immediately. You do not want to lose your right to file suit so this is the first step to protect your rights.
Medical Malpractice Lawyers in Philadelphia know that one of the most important actions they can take to increase the value of a medical malpractice case is to aggressively pursue and preserve evidence. They know what actions must be taken early in the process such as ordering medical records; reviewing labs; and collecting witness statements, photographs, and videos. The presence or absence of these crucial forms of evidence could determine whether your lawsuit is successful or not. Much of the critical evidence is in the possession of the defendant and if those items aren’t requested early in the process, the defendant might destroy them, even inadvertently. Thus, you need an experienced Philadelphia patient rights advocate to pursue and preserve any and all necessary evidence.
Your Medical Malpractice Lawyer in Philadelphia will aggressively seek as much evidence as possible, but the clients, themselves, need to do some work too. Medical malpractice clients usually have firsthand access to medical records, health insurance documents, pharmaceutical slips, photographs, and videos, and all of these items can be useful in increasing the value of your medical negligence case.
Let’s say you coached your kids’ football teams for years until you were injured by your doctor. You also played football on an intramural team. Now, as a result of the medical error, you can no longer play football or even coach your kids’ teams. How do you prove that you were once a great player and coach? Photographs, trophies, etc. How do you prove that you’re too injured to play and coach? Document your physical struggles, journal your pain, and take photos/videos of yourself on days you cannot get out of bed. Make sure to report your symptoms to your medical provider and follow their instructions on care. How you were before your injury and how you suffered since your injury all help to increase the value of your medical malpractice case. And you are in the best position to attain and collect this evidence.
An experienced medical negligence attorney evaluates your case with knowledge of all possible causes of action and claims for damages and then drafts a Complaint that reflects that knowledge. The Complaint will also comply with all applicable statutes. In other words, an experienced Philadelphia medical negligence attorney knows how to craft your claim in a way that puts you in the best position to win.
Even if your attorney files your medical malpractice lawsuit promptly, there will still be a wait time of at least a couple of years before your case goes to trial. Between the time your attorney files the Complaint and the actual trial date, there is a lengthy period called “Discovery.” Discovery is where both sides to the lawsuit request, exchange, and examine information and evidence pertaining to the case. This includes depositions of parties, experts writing reports, and often a series of motions and hearings on evidentiary issues.
And notwithstanding the considerable length of the discovery period, another delay looms large in Philadelphia: cases are backlogged due to the COVID pandemic. So, there is a long line of postponed trials that get priority over recently filed cases.
This is why it’s essential to connect with a Philadelphia medical negligence attorney as soon as you are injured; it will help your lawyer get the ball rolling so that you can be compensated for your injuries as swiftly as possible.
To find an experienced Philadelphia medical malpractice attorney, contact the lawyers at VSCP Law.
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