Most times, you find that medical malpractice cases being handled by your medical malpractice lawyer Toronto end up being dismissed or even don’t get to make it to the courts, to begin with. In most cases, you find that the victims in these medical malpractice cases did or didn’t do something. Only to end up being unpleasantly surprised that their case never even got a chance to be heard of cross the finish line as a result of some mistake that they did which made their case unviable.
And as with most cases, once a mistake has been made, intentionally or not, it is often difficult, maybe even impossible, to try and remedy the mistake and proceed as if it was never made, to begin with. You might have a genuinely viable case which, if filed and presented before a court, the court can rule in your favor in a jiffy. But there are instances where you find the victims, or the victim’s immediate family fails to avail certain evidence on time or do something else which ends up affecting the case negatively and, in the end, costing the victim his/her compensation or claim. Here are some of those deadly mistakes which you must always ensure you cover if you wish to stand any chance of winning a medical malpractice claim.
1. Waiting too long
Many people might not know about the statutes of limitations yet. Especially the ones who have never had to file any case in court. But even so, it is important to know that each state has its own different statutes which are laws that require that you, the victim, file your case within a certain set period by the state. Failure to do so will make your case void and no court will hear it. This is one of the main reasons why you need to find yourself a good medical malpractice attorney the moment you realize that you are a victim of a medical malpractice. Your attorney should help you throughout the whole process.
2. Statutory requirements
Different states also have different statutory requirements about how the medical malpractice claims ought to be made against the medical malpractice defendants. You will also realize that the federal malpractice claims also have their own requirements which must be followed too. You will also realize that, over time, these states may decide to change, modify, or even amend these statutory requirements which also make it vital that you keep up with these matters. All which you can be informed by your attorney.
3. Protecting own rights and interests
You will also find, in some situations, that some of the victims of medical malpractices fail to adequately and timely protect their rights and interests the moment they suffer injuries from medical malpractices. This usually occurs when they attempt to resolve their claims on their own without seeking and legal advice which is often a very bad move as they are untrained and inexperienced in this field.
4. Making statements on social media
This habit has also ended up hurting many viable medical malpractice claims. Sometimes staying silent can help you a great deal, especially with such cases. Don’t go about blabbing to everyone the specifics of the case. You might end up making statements which can be used against you or confess something that harms your case.
5. Feeling guilty
In some situations, you find that the victims of the medical malpractices end up being the ones who beat themselves up. They feel guilty, bad, or even blame themselves for what happened and end up making the case much easier for the defendants.