Winning Your Medical Malpractice Claim
HOW TO HELP YOUR ATTORNEY
The attorney performs the vast majority of the work necessary to prepare a medical malpractice case without the client’s involvement. There are, however, a number of ways you can assist your attorney throughout the course of the case.
Keep your attorney updated regarding your medical condition and treatment. Save all insurance statements and medical bills and periodically mail them to your attorney. This can be a big help in determining the amount of your medical expenses or the amount paid by your health insurer for your medical treatment. It can also ensure your lawyer is aware of all medical providers you have seen.
Another way you can help you lawyer concerns witnesses. Often, attorneys do not consider which witnesses to put on the stand until shortly before the trial begins. The attorney may not be aware of a neighbor or relative who can testify regarding the effect the injuries have had on your life. Provide your lawyer with the names, phone numbers, and addresses of individuals who are familiar with your situation and who are willing to testify on your behalf.
Also, keeping a diary of your medical care can be of great assistance to the lawyer. Many people keep a daily calendar in which they note the date and time of doctors’ appointments. Consider copying your calendar and giving it to your attorney.
Generally speaking, the doctors who treat you for the injuries caused by malpractice will not want to get involved in your case. The medical community in most areas is small. It is quite understandable that one doctor may not want to testify against a colleague. However, there are occasions where a subsequent treating physician will wish to testify on your behalf. If your treating physician indicates a willingness to do so, pass this information along to your attorney. Most physicians will not call a lawyer and volunteer their services. Most lawyers will assume that a treating physician will not want to get involved. Consequently, you can greatly assist your lawyer by passing along information suggesting that your treating physician may be willing to testify on your behalf.