4 Tips For Navigating A Malpractice Claim

brain injuries attorney

Malpractice claims are stressful for physicians, but they don’t always have to be. You can navigate the process relatively easily if you’re prepared and patient. Here are four tips for handling a malpractice claim:

Understand the difference between malpractice and a bad outcome

The first and most important thing to understand is that not all bad outcomes are malpractice. A bad outcome may result from a medical professional’s negligence, but it could also result from an unexpected outcome (like an infection). When consulting with your attorney, you must understand the difference between these two scenarios so they can best advise you.

Bad outcomes are only considered malpractice if caused by a doctor or other medical professional’s actions or omissions. For example, A patient has surgery on their knee, and the surgeon accidentally cuts into their femoral artery instead of their anterior cruciate ligament (ACL). This mistake causes them to bleed out internally and die before reaching the hospital—a clear malpractice case! The surgeon should have known better; he should have known precisely where those ligaments were located based on his research before performing any surgery on this particular patient!

Collect all relevant records

As soon as you suspect malpractice, begin gathering all of your relevant medical records. You want to keep every record of whatever treatment, tests, or medications were provided. You also want to keep any records of symptoms you experienced during your treatment and any communication with your doctor or other healthcare providers about those symptoms.

If there are phone calls between yourself, family members or caregivers, and a treating physician (or their staff), make sure they are recorded on paper and audio recording devices so that the full context can be preserved. Whether it’s for a personal injury or brain injuries attorney, collecting the relevant records will ensure that they have what they need to support you with your case. 

Be prepared for a long process.

The is important to know is that the process can be long and complex. It can take a year or more to resolve a malpractice claim, even if you settle within a few months of filing. Even after that, it will likely take some time for your insurer to pay out on their policy. You may also have to wait for an appeals court verdict or settlement agreement after you go through a trial.

It’s important to remember that the clock doesn’t stop ticking just because your case has been resolved with the insurance company or dropped by them; there are still potential legal fees and tax implications from having sued someone.

Be patient

Be patient. It’s likely that your case will take a long time to resolve, so you need to be prepared for that. If you’re not willing or able to wait, it may be in your best interests to consider another option.


Medical malpractice is a serious matter and can be challenging to navigate. However, being informed about the process and being prepared with the right data can make all the difference when facing a medical malpractice claim. We hope these tips will help guide you through this challenging time.