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#1: Take immediate notes as soon as you realize there is a possible malpractice claim. Do not do it openly, and do not let your intentions to investigate become the focus of the health care providers. You do not want them to stop explaining things, or tohide information from you because they have caught the “scent of your intent”. There have been times when a parent’s concerns and comments have found their way into the actual patient records. It will be difficult to explain to a jury why you told the doctor and nurse that you were “going to sue him for a million dollars” at a time when your child’s welfare should be your chief concern.
#2: Do not tape record conversations without consent in accordance with Florida Law. We suggest you do not record at all. Recording without proper consent and notice may be a crime.
#3: When you meet with the health care provider, try not to do so alone… have a witness. But don’t announce openly, “wait a minute I want a witness!”
#4: Get records! This is really important! Lots of times we have noted changed records, deleted records, supplemented records and yes, a few times over the years even some records that either disappeared for some mysterious reason or, simply, were falsified. Do not become a conspiracy crazed person, but it is a good idea to get a complete copy of the medical records early.
#5 School records, pediatric health care, dental and other records can become important. If the previous health care records show nothing they may serve as persuasive proof that there was nothing wrong with your child’s health before the malpractice. Records you didn’t realize were relevant can therefore be quite useful.
#6: Many parents are concerned about moving their child away from a hospital or doctor, even if there has been malpractice. Sometimes it is because the hospital or doctor has a lot of experience taking care of the particular child, or because the nearest substitute facility may be a long distance away. Perhaps there is an issue of insurance coverage. A jury will likely understand that you were acting in the best interest of your child if your decision is to remain with a health care provider due to these sorts of reasons.
It is important if your child was injured due to medical malpractice or hospital negligence to get the professional advice of an experienced attorney in this field of law. The Miami Personal Injury Law Firm of Goldberg & Hirsh is willing and able to offer a Free Legal Consultation to discuss and evaluate your case – call us now.