Are There Any Limits To What You Can Say In A Medical Malpractice Case?
You should not say anything to the doctor or the insurance company that can be used against you. The defendant in your case could take things you say and twist them into something you did not really mean.
The lawyers at Medical Malpractice Help can help you understand the limits to what you can say in a medical malpractice case. Contact us at 855-633-2757 today for a free consultation.
How Can a Doctor or Insurance Company Use My Words Against Me?
There are several ways a doctor or insurance company could reduce your compensation or deny your medical malpractice claim. Here are examples of how the doctor or insurer could use the information you provide to weaken your case.
If You Apologize for Filing a Lawsuit
If you tell the doctor you are sorry about the lawsuit, they could imply that you filed a frivolous lawsuit to extort money.
You should never apologize to a doctor after filing for medical malpractice. In fact, if you have filed a lawsuit against a doctor, you should not have direct contact with that doctor. Let your medical malpractice lawyer do the talking for you.
If You Provide a Statement to the Insurance Company
You should never give a written or recorded statement to the insurer. Anything you say can be taken out of context to devalue your claim. The insurer can even use things you did not say to discredit you.
Statements by claimants only help the insurance company. Your lawyer will handle communications with the doctor’s insurer on your behalf.
If You Admit Fault
If you admit any fault, the insurer could argue that you caused or contributed to the harm you suffered. Forgetting to take a dose of medication or being too ill to go to one of your physical therapy appointments are innocent mistakes a person can make. However, an insurer that is desperate to reduce its risk exposure could capitalize on such comments.
If You Discuss Your Emotional State
Mentioning your emotional status is always dangerous when you have filed a medical malpractice action. If you comment that you are feeling depressed because of how long your recuperation is taking, the insurer could try to discredit you.
How Can I Protect the Strength of My Case?
Talk with a medical malpractice lawyer as soon as you discover that you might have a case. Let your lawyer deal with your doctor and the insurance company, so you do not accidentally harm your right to compensatory damages.
We also recommend that you complete all your treatment before you agree to settle your case. If you settle too early, you might later discover that you need additional treatment. After you accept a settlement, your case cannot be reopened, so you could be stuck with medical bills you cannot afford to pay.
How Can I Speak to a Lawyer Today?
At Medical Malpractice Help, we will protect you and your claim. We will deal directly with the insurance company so you do not have to. We will gather evidence to build your case and preserve its value.
We can handle the claims process for you, so you do not endanger your right to compensation. Call us at 855-633-2757 for a free case evaluation. We will not charge any attorney fees until you get compensation.
Legal Information - News Articles
South Florida Jury Finds Doctor Negligent in 2011 Medical Malpractice Lawsuit; Awards Plaintiff $16,922,000 On November 21, 2008, the pain in Stephanie Hollingsworth’s feet and hands became so acute that she went to the emergency room at Holy Cross Hospital, located in Fort Lauderdale, FL. Hollingsworth, then 26, believed that the pain was from anRead More
Proponents push tort reform as a silver bullet that will supposedly reign in medical costs, insurance premiums, and even improve the quality of care by allowing doctors to practice without fear, particularly by decreasing the number of unnecessary tests. However, the truth is that the impact of medical malpractice suits on health care spendingRead More