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Medical Malpractice Attorneys

Dos and Don’ts of Proving Medical Malpractice

Medical malpractice can lead to an injury that is devastating financially, physically, and emotionally. Whether there were medical errors made or there was just general negligent care, a trained medical malpractice lawyer is here to help you get the compensation that you deserve.

There are things that you can do that will help your case of proving there was medical malpractice. It’s important to know these things so that you can ensure the best possible outcomes. However, it’s also crucial to understand the things that can significantly hurt your case, preventing you from getting the compensation that you deserve. The goal here is to help you better understand the dos and don’ts of proving medical malpractice so that you get the best chance possible at winning your case.

What is Medical Malpractice?

Those who practice medicine and have a license have a duty of care when it comes to all their patients. Unfortunately, there are instances where the medical professional violates this standard of care. Sometimes this is because of an accident, but there are cases where it is the result of poor judgment or negligence. If you are a victim of medical malpractice, you have rights.

Here are some examples of medical malpractice:

  • Misdiagnosis
  • Mistakes with Anesthesia
  • Hospital Malpractice
  • Negligence
  • Medical Equipment Errors
  • Emergency Room Errors
  • Post-Op Negligence

If you are a victim of medical malpractice, you are entitled to recover damages such as:

  • Current and future medical bills
  • Loss of wages
  • Loss of potential earnings
  • Pain and suffering
  • Loss of consortium (death of a loved one)
  • Loss of parental support
  • Loss of life enjoyment

What you do after your injury can have a significant impact on your case, so be sure to follow these dos and don’ts.


Do Document as Much as Possible

It is important to document everything, or at least as much as you possibly can for your case. Take as many pictures as possible of the injury, as well as throughout your healing process. Write down the names of any medical professional that you dealt with. Write down how you feel and what you think is going on. Pictures are important because they have such an impact on the case. Writing everything down helps create a timeline for the case.

Do Make Sure That You Get Your Medical Records

Photographic evidence is great, but it can only do so much for you in your court case. Medical records can have a significant impact on your case. These records will have the necessary information for your prescriptions, post-treatment care, and various other information that could prove there was negligence or that there was a failure to provide you with adequate instructions for your after-care. The hospital is legally required to give you this information and if you are having difficulty accessing it, your lawyer can help.

Do Be Sure to Act as Quickly as Possible

If you suspect that something didn’t go right, you should contact a malpractice lawyer. You should trust your instincts and get started on the process as soon as possible. A malpractice lawyer can take a look at your information and determine whether or not you have a case. If you do have a case, you can get started right away. This is important to not only give you the compensation you deserve sooner but to also prevent losing out on this compensation for filing too late. There is a statute of limitations on malpractice claims in Florida. You need to start the legal proceedings within 2 years of either the date of the malpractice incident or when you first discover the injury.

Do Obtain Birth and/or Death Certificates

There are many cases where you are required to have your birth certificate information to settle any claim. The death certificate, as well as an autopsy report and will, are essential for any wrongful death medical malpractice claim.

Do Collect at Least the Last 5 Years of Your Tax Records

Having financial information such as the tax records, pay stubs, and W-2 information is also essential for your case especially if you are trying to get lost wages. When past wages or loss of earning capacity are part of your lawsuit, you are required to show evidence of your past earnings to get a fair amount. It’s also important to show your resume or summarize your education and work history as well.

If you were the victim of medical malpractice or negligent care, call the medical malpractice professionals at The Injury Firm to help you get the compensation you deserve.



Don’t Talk About Your Case on Social Media

When you overshare about your case, particularly on social media, through emails, or by blogging, you can potentially hurt your case. The defense attorney is there to ensure that you get as little money as possible and will use everything to their advantage to get out of paying you the compensation that you deserve. They are even able to find any deleted pages or things posted on a private account, which is why you should avoid talking about your case in general.

Don’t Sign Waivers

When you pick up the medical records for your case, you need to be sure that you aren’t signing something that could sign away your right to sue the medical team responsible for your damages. Before you sign anything, it is important to have your attorney take a look at the document before you sign anything to make sure that you aren’t signing away your rights.

Don’t Have Arguments with or Vent to Providers About Your Case

It can be tempting to seek out answers for what went wrong during your treatment, but this is something that can ultimately hurt you. Any correspondence that you may have had with your provider, especially emails, can negatively impact your case.

Don’t Miss Doctor’s Appointments

As previously mentioned, the defense attorney will do whatever they need to in order to discredit you. If you miss any appointments with doctors or do not follow the treatment plan they setup for you, they can put blame on you for your injuries. This also allows them to say that you were not as injured as you said you were.

Don’t Throw Away Your Medical Records or Permanently Mark Them

Your medical records are such an important piece of evidence in your medical malpractice case that you want to be careful to not do anything that can cause them to be thrown out. If you need to make notes about anything, you should use a sticky note instead of something like a highlighter.

Don’t Pick Any Attorney for Your Case

A common mistake that people make during their medical malpractice cases is that they just choose any personal injury attorney. The problem is that they may not have any experience when it comes to dealing with the medical malpractice claim. This is a field that has a lot of complexities that come with medical malpractice and medical malpractice wrongful death cases. What this means is that it is essential that whatever lawyer you do choose, you are choosing a lawyer that has a great deal of experience in handling these types of cases. Do your research to make sure that you have a lawyer fighting for you that has worked on these types of cases before and has years of experience under their belt.


If you think that you are a victim of negligent care or medical errors, you need an attorney that can fight for you to get the money that you deserve. The injuries caused by medical malpractice can have devastating consequences to all aspects of your life. This makes it even more important to ensure that you not only choose the right attorney for your case but that you also follow these do’s and don’ts of proving medical malpractice.

The Injury Firm

1608 East Commercial Blvd. 
Ft. Lauderdale, FL 33334

Phone (954) 951-0000
Fax: (954) 951-1000


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The information contained in this website is provided for informational purposes only.  This website may contain information about The Injury Firm's past results, testimonials about the firm or a lawyer within the firm, and statements regarding the quality of The Injury Firm's work product. This information has not been reviewed or approved by The Florida Bar. Please be advised that: 1) the facts and circumstances of your case may differ from the matters for which results and testimonials have been provided: 2) Not all results of cases handled by the firm or its lawyers are provided and not all clients have given testimonials; and 3) The results and testimonials provided are not necessarily representative of results obtained by the firm or by its lawyers or of the experience of all clients or others within the firm or its lawyers. Every case is different, and each client’s case must be evaluated and handled on its own merits.

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