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How to Navigate the Murky Waters of a Medical Malpractice Case

If you have been the victim of an error by a surgeon or another medical professional, you may have grounds for a medical malpractice lawsuit. However, even if the facts are on your side, the law in your state may make proving your case difficult. What can you do to ensure that your rights are preserved during a medical malpractice case?

Hire a Lawyer

The first thing that you should do is hire a lawyer who can tell you more about your rights. If necessary, he or she can begin to engage in settlement talks or build a case to be presented in front of a jury. While you have the right to try a case on your own, it is usually a better idea to hire legal counsel.

Be Patient

A medical malpractice case can take many months or years to resolve. While you may be desperate for a financial settlement to pay your bills with, it is important that you keep the pressure on those who hurt you to offer the largest possible award. You should expect the insurance company for your doctor to offer a settlement if and when you choose to sue. However, it is rarely a good idea to accept this offer.

Don’t Say or Do Too Much

It is never a good idea to discuss your case on social media. In fact, you should refrain from talking about it to anyone either in person or through digital means such as an email or text message. Professionals, like those at Otorowski Johnston Morrow & Golden P.L.L.C. , know that anything that you say or do may be used as evidence to weaken your position. Your attorney will likely talk more about how to avoid gaffes while a case is pending.

There Is Nothing Personal About the Process

The attorney for your doctor or surgeon may attempt to paint you as a liar or otherwise untrustworthy. It is important to understand that this is all part of a process in which he or she is attempting to reduce his or her client’s liability. It is important that you don’t react as that could be used against you in court as well.

To prove medical malpractice took place, it may be necessary to prove negligence, which isn’t necessarily the same to everyone. Therefore, it is important that you hire legal counsel who generally has a better understanding of the law and how to use it in an effort to obtain a favorable outcome in your case.

Author’s Information: Bio: Rachelle Wilber is a freelance writer living in the San Diego, California area. She graduated from San Diego State University with her Bachelor’s Degree in Journalism and Media Studies. She tries to find an interest in all topics and themes, which prompts her writing. When she isn’t on her porch writing in the sun, you can find her shopping, at the beach, or at the gym. Follow her on Twitter and Facebook.

Bob Kraft

I am a Dallas, Texas lawyer who has had the privilege of helping thousands of clients since 1971 in the areas of Personal Injury law and Social Security Disability.

About This Blog

The title of this blog reflects my attitude toward those government agencies and insurance companies that routinely mistreat injured or disabled people. As a Dallas, Texas lawyer, I've spent more than 45 years trying to help those poor folk, and I have been frustrated daily by the actions of the people on the other side of their claims. (Sorry if I offended you...)

If you find this type of information interesting or helpful, please visit my law firm's main website at You will find many more articles and links. Thank you for your time.

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