How to Maximize Your Medical Malpractice Claim in Mississippi

Medical malpractice cases can be complex and often involve significant injuries, financial losses, and emotional distress. If you’ve been harmed by medical malpractice, you may wonder what you should do. The first step should be speaking with an attorney, but having some background information can help you have a more productive conversation.

Understand what counts as medical malpractice in Mississippi

First, it’s important to understand what actually qualifies as medical malpractice in Mississippi. Medical malpractice occurs when a healthcare provider’s actions – or lack of actions – fall below the accepted medical standard of care, leading to harm. This could involve a misdiagnosis, delayed diagnosis, surgical error, medication mistake, or failure to inform you of risks associated with a treatment.

For example, say you were diagnosed with one condition when, in fact, you were suffering from something more serious. If this misdiagnosis delayed proper treatment and caused your condition to worsen, you may have grounds for a medical malpractice claim. However, it’s important to remember that just experiencing a poor outcome doesn’t automatically mean malpractice occurred. To have a successful claim, your lawyer will have to be able to establish a clear link between the healthcare provider’s negligence and the harm you suffered.

Seek medical help immediately for any complications

After a medical error that causes injury, your health should be your first priority. Seek immediate medical attention to prevent further complications. This will also establish a medical record of the issues you’ve been experiencing because of the malpractice. This medical record can be valuable evidence for your claim, demonstrating that your injuries are documented and serious enough to require additional care.

Many people make the common mistake of waiting too long to address complications, hoping they’ll resolve on their own. This can both affect your health and can weaken your cases. If you wait to get medical treatment, insurance companies and their defense attorneys may argue that your injuries aren’t as serious as you claim, especially if there’s a gap in treatment.

Collect comprehensive medical records and documentation

Your medical records serve as the backbone of your case because they help show where and how your medical provider’s actions caused you harm. Keep a complete record of every medical encounter – from your initial consultation to follow-up visits and additional treatments. By keeping a complete record of every doctor visit, you can strengthen your case.

Additionally, ask for copies of lab reports, imaging studies, doctor’s notes, and discharge instructions. In Mississippi, patients have the right to access their medical records, so don’t hesitate to request them. If your case goes to court, these records can serve as important evidence in proving the extent of your injuries and demonstrate a link to the healthcare provider’s negligence.

Keep a personal health journal

Medical records may not fully capture how malpractice has affected your daily life. Think about keeping a personal health journal where you record your symptoms, pain levels, and limitations due to your injury. Note when you experience pain or when your injury affects your ability to perform normal activities.

Your health journal can help paint a complete picture of the effects of the injury on your quality of life, which makes it a valuable piece of evidence. Further, if your case takes months or years to resolve, keeping a journal serves as a reminder of what you’re experiencing, helping to keep the details accurate.

Get a second opinion

If you suspect you’ve been harmed by medical malpractice, you should seek a second opinion from a different healthcare provider. A second opinion not only gives you a better understanding of your injuries but can also reveal details about the previous provider’s error. A second doctor may identify the mistake and provide better insight into how it could have been avoided and how it contributed to your current health issues.

Make sure the second opinion is from a licensed, qualified medical professional. Showing that another expert agrees that a medical error occurred will strengthen your claim. Often, expert testimony is required in malpractice cases to show how the provider’s actions fell below the standard of care.

Calculate the full scope of your damages

Understanding and calculating the full scope of your damages is essential to maximizing your claim. Damages in medical malpractice cases fall into two main categories: economic damages and non-economic damages.

Economic damages cover direct costs, including:

• Medical expenses (past, current, and future)
• Rehabilitation costs
• Lost wages and loss of earning capacity
• Out-of-pocket expenses related to your care

Non-economic damages cover more subjective things, such as:

• Pain and suffering
• Loss of quality of life
• Emotional distress

Economic damages are easier to calculate, while non-economic damages can be more challenging. However, they can be just as important. Keeping detailed records and consulting with an attorney should help you add these damages to your claim.

Avoid talking to insurance companies without legal representation

You can seriously jeopardize your medical malpractice claim by speaking with an insurance adjuster or hospital risk manager without legal advice. Insurance adjusters and risk managers may seem friendly, but remember – they’re paid to minimize payouts and often look for ways to reduce the value of your claim. They might ask questions that seem harmless at first glance but can be used against you to lower your settlement offer.

Having an attorney handle these communications is one of the best ways to protect your interests. The experienced attorneys at Merkel & Cocke, P.A. know how to negotiate with insurance companies, working to ensure that you don’t settle for less than what your claim is truly worth.

Consult a medical malpractice attorney

Medical malpractice cases can be complicated, and Mississippi has specific laws that affect how these cases are handled. Talk to an experienced medical malpractice attorney to help you work through the process and understand your legal options. Our attorneys can assess your case, gather evidence, and help determine the true and full value of your claim.

Our attorneys work on a contingency basis, meaning we don’t get paid unless you win your case. This arrangement makes legal representation accessible to everyone and ensures that your attorney is motivated to secure the best possible outcome for you.

Be patient: Medical malpractice cases take time

In some cases, medical malpractice cases can take months or even years to settle or resole at trial. Remember, there are multiple phases to this process – including investigation, discovery, and negotiations – all of which can take time. In Mississippi, the statute of limitations for medical malpractice claims is generally  two years but sometimes one year (depending on the medical provider’s status as a governmental entity or employee) from the date of the injury, or when the injury should have been discovered.  Therefore, it’s important to act promptly.

It’s important to be patient and stay committed to the legal process. Rushing to settle can mean accepting a lower offer. However, taking the time necessary allows you and your attorney to build a strong case and possibly secure more compensation for your injuries and losses.

Understand Mississippi’s cap on non-economic damages

Mississippi has a cap on non-economic damages for medical malpractice cases, limiting these awards to a maximum of $500,000. This means that your non-economic damages, like pain and suffering or loss of quality of life, cannot exceed more than $500,000. Whether or not this cap violates constitutional rights has not yet been addressed by the Mississippi Supreme Court.  Your economic damages, like medical bills and lost wages, are not capped.

Our experienced attorneys can address these limitations and focus on maximizing the economic portion of your claim to cover your full financial losses.

If you’ve suffered harm due to medical malpractice, help is available. The experienced attorneys at Merkel & Cocke, P.A. can help you gather evidence, navigate Mississippi’s unique laws, and fight for the compensation you deserve. Call our office or submit our contact form to schedule a free consultation in Jackson, Clarksdale, Greenville, Meridian or Oxford today.