When it comes to filing a lawsuit for a medical malpractice incident, such as surgical error or misdiagnosis, an explanation of medical malpractice laws suggests that you can often include pain and suffering in your claim due to the sensitive nature of this category of lawsuits. However, claiming emotional distress damages can be substantially more challenging than claiming for physical injuries, lost wages, medical bills, and other damages. Unfortunately, this is because emotional distress can be perceived as flimsy claims in lawsuits as medical opinions on conditions of the mind can vary drastically from experts in the field.
To help you solidify your claim and strengthen your case, we have listed a few tips to assist when claiming emotional distress damages in your medical malpractice lawsuit.
Rely On Expert Legal Representation
Before managing your case on your own, it is always best to find an expert medical malpractice lawyer. An expert lawyer will guide you by claiming damages, including pain and suffering resulting from the incident. A lawyer will help you compile a strong case, suggest additional evidence you may need, and ensure you are treated fairly during the process of claiming.
Know Your Time Restraints
The statute of limitations explains the restrictions on time for claiming for various instances. More often than not, emotional distress damage claims are limited to two years. Therefore, you must file your lawsuit within this timeframe to ensure you will be legally entitled to compensation. However, you should also confirm these details with your lawyer to determine when the best time is to file your claim. You can claim for emotional distress damages after the initial medical malpractice lawsuit has been settled in some instances. Emotional turmoil can be a later experience that resurfaces after the incident.
Strengthen Your Case With Second And Third Opinions
Because conditions of the mind can be wrongly diagnosed, it is always best to opt for a second and third opinion from a relevant specialist. Suppose you have been diagnosed with post-traumatic stress disorder, major depressive disorder, or severe anxiety. In that case, you will need accurate reports that detail your emotional distress experience to prove how the medical malpractice incident has negatively impacted your mental and emotional wellbeing. At the same time, you can further strengthen your case with personal diary entries that detail your struggle from a personal perspective. In addition to this, you can also consider gathering supporting documents such as letters from friends and family members or even your employer and colleagues to prove that you genuinely are enduring a mental uphill battle.
Persist With Treatment Plans
You won’t be able to claim emotional distress damages if you are not seeking professional medical advice and treatment. Therefore, you should persist with recommendations from your doctor, and your therapist as this also stands as additional supporting evidence to your mental and emotional state of wellbeing.
With the proper evidence and an expert medical malpractice lawyer, you will be able to claim pain and suffering due to the incident. However, it is always best to leave the legal details to your lawyer while you focus on getting your life back after your unfortunate experience.