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Medical Tips for Personal Injury Claimants

Medical Tips for Personal Injury Claimants

Avoiding Bad Medical Advice

Bad medical advice can cost you, financially and physically.  At Viñas & DeLuca, PLLC, we regularly handle Florida medical malpractice and medical negligence cases and we have seen first hand the end result of poor medical judgment, surgical error, and improper medical advice.  While America has many of the best doctors and medical professionals in the world, patients must still do their part in making informed medical decisions.

Doctors do not always agree on which medical interventions will best serve patients, whether to operate, and reasonable treatment options.  Because there can be a high price to pay for following or not following medical advice, patients should proceed cautiously when it comes to making medical decisions.    Blinding relying on medical advice can be dangerous.  Here are some tips to help guard against dangerous medical advice.

Seek Second and Third Opinions

It is not always easy to know the right choice when it comes to major medical decisions.  Patients are sometimes confronted with multiple treatment options, confusing online information, unfamiliar medical terms, and conflicting input from family and friends.  If you are at all unclear as to what is best, consider seeking a second or third opinion.  You may want to consider traveling out of state to consult with medical experts that specialize in your disease or condition.  When it comes to medical professionals, there can be a wide disparity in skill, knowledge, and competence.  Medical groups in other parts of the country, for example, may have access to better surgeons or advanced surgical and diagnostic equipment.  Or, they may simply have far greater experience with your particular condition.  Obtaining a second opinion can sometimes clarify what might be best in your particular case.


Doctors are busy.  Complicating matters, you will likely have to complete countless forms and speak with multiple nurses and administrative staff before ever seeing a doctor.  Things can get lost in the shuffle.  We have seen negligent medical documentation and communication lead to multiple medical malpractice cases.  Do your part and document everything on your own.  Tell your doctor about your medications, prior surgeries, imaging results, and anything which you feel might be necessary for your doctor to know.  Do not assume your doctor has been told all important information.  Because it is not always easy to recall important details, write them down for yourself and document everything.  This can include taking pictures of your injuries, condition, medication bottles, prescriptions, and important medical records.  You may also what to make a note of the following:

  • Medical Bills.
  • Medical Advice
  • Medications
  • Suggested Procedures
  • Other Individuals in the Room with the Doctor
  • Important Statements or Remarks

In the event you become the victim of malpractice, these items may become critical pieces of evidence.  At a minimum, they may assist you later in recalling the details of what transpired.  It is better to be prepared with these items and not need them than to need but not have them.

Do Your Own Research

Unless you are a medical doctor, we strongly suggest you do not rely on your own medical research.  That said, research can be a helpful tool when it comes to making sound medical decisions.  Be informed.  If nothing else, researching your condition may help you develop important questions to ask your doctor, learn of possible treatment alternatives, and locate specialists who you might want to consult with.

Hire a Florida Medical Malpractice and Negligence Attorney

If you suspect you have been the victim of medical malpractice, it is never too early to contact a Florida medical malpractice lawyer.  Even if you are still getting treatment for the harm that resulted from the malpractice.  A Florida medical malpractice attorney may be able to help protect your legal rights while you seek medical care and ensure that your case is not lost before it is started.  There are many things to keep in mind when considering a medical malpractice case, such as the statute of limitations and the preservation and documentation of important evidence.

In the past, we have won millions of dollars for victims of medical malpractice. Last November, we obtained a verdict of nearly $1.2 million for a woman who received poor dental care and advice. The Plaintiff in that case contended that she received negligent dental advice resulting in permanent damage.  The jury agreed.  The defense claimed her injuries were simply the result of “a bad outcome.”

When it comes to medical malpractice cases, drawing the distinction between negligent  medical advice and “known complications,” “poor outcomes,” and “bad luck” (frequently cited defenses in medical malpractice cases), you need an attorney skilled and experienced in handling Florida medical malpractice cases.  We stand by our knowledge, experience, and results when it comes to medical malpractice cases.  If you believe you may have received bad medical advice or care and need an attorney to stand by you, contact Viñas & DeLuca today.