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 800-916-7333 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.
Legal Information - News Articles
The Law of Medical Malpractice in Kentucky: A Survey of Basic Considerations This article provides an overview of Kentucky medical malpractice law. The Bluegrass State generally treats malpractice claims the same as other types of negligence claims, with a few important exceptions. Kentucky lawmakers have been deterred from placing a statutory maximum limit on monetaryRead More
Last week, it was announced that the state Supreme Court of Pennsylvania would discuss whether or not to overturn a law that allows defendants in medical malpractice lawsuits to avoid prosecution based on “error in judgment”. The decision came as Stephen and Nicole Passarello were granted a new trial after their original lawsuit was dismissedRead More