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Is a Medical Malpractice Case Easy to Win?



Nothing is Easy

Nothing in life, especially a medical malpractice case, is easy. Your entire medical and mental health history, as well as your credibility in all aspects of your life, will come in to question. You may even be subjected to hours of mental health, psychological, and physical stress tests. You may have to describe your problem to scores of doctors, many of who will disagree with your assertion that you have a particular problem.

Ask for Help

When dealing with professionals regarding your medical malpractice case, you may have difficulty dealing with doctors, lawyers, or other professionals. Ask a friend or loved one if they would accompany you to all visits to the doctor(s), and/or your lawyer. There are several reasons for this, especially if you appoint the person to speak to the professionals for you, if necessary. Several times, there will be questions or issues that you'll forget to mention, or problems that others see (that you might not notice) that will be important to your medical malpractice case. Have the person take notes at your visits, including the reactions from the doctors.

Don't Be a Victim

It is important to realize that if you act like a victim, you allow yourself to be treated like one. In order to take a levelheaded and clear approach to your medical malpractice case, you must be strong. The stronger you are, the more dignity and respect other professionals will offer you. If you cry every time you visit a doctor, they will get annoyed, and just move you from office to office, physician to physician. Think of it as "crying wolf." If you save the histrionics, you'll be taken much more seriously. Hopefully, you'll feel comfortable enough with your lawyer to speak reasonably and precisely about your medical malpractice case.

What If No One Listens?

If you feel no one is listening to you, you are again falling into the "victim" persona. If you explain to a physician that you cannot walk more than 200 feet but that you regularly do grocery shopping, the doctor has no other option than to report that you can walk more than 200 feet. If you can dress yourself but only if someone helps you, you need to explain that you cannot dress yourself-without help. Often it is the way you are answering the questions that ties the hands of the people who are evaluating your case. You must be able to speak honestly, but if you are not clear and contradict yourself, you will be wasting the time of everyone involved (including yourself) in your medical malpractice case.

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