When you have been injured because of medical neglect, your case may be difficult to prove. The range of medical neglect is huge, from medication errors that cause a mild injury to errors in treatment that cause severe disability, proving medical neglect occurred is essential to winning your case.
Your Injury Must Be New
If you already have a long history of treatment for your lower back, and you are claiming medical neglect because of a back injury, it is unlikely that you have a viable case on your hands. It is possible to sue for an injury that you have had before, but it's important that you are able to prove that you underwent a full recovery and that your injuries are new. Your current injury must be a direct result of the medical neglect that occurred, or you won't have much of a chance to win your lawsuit.
You Must Be In Active Treatment for Your Injuries
The fact that you must be in active medical treatment while you are trying to win a personal injury lawsuit can't be stressed enough. You are suing because of an injury, and medical treatment is the only way for you to prove how bad the injury actually is. When you skip treatment, you are sending the message that your injuries are not as serious as you are claiming they are. Go to treatment to help you get better from your injury, and follow all recommendations of your treatment providers.
Gather Together All of Your Medical Records
While your medical records from the treatment for your injury is critical to proving your medical negligence case, your past medical history can also be invaluable. The more documentation you can provide that shows the injury you are claiming did not exist prior to the negligence, the stronger your case will be. When you go to meet with an attorney (such as one from Gallagher Law Offices PC) for an initial consultation, providing all the medical records that you can locate will help the attorney determine if you have a reasonable case.
Even when a medical error has occurred, this does not immediately mean that you have a lawsuit on your hands. You may have received the wrong medication, but if it did not cause you any harm, then you can't sue for any injuries. Mistakes happen, and without an injury, you don't have any reasonable grounds for filing a personal injury lawsuit.