What should I do now to protect my rights, in case I do file a lawsuit?
What you need to do now is to take steps that will eventually help your attorney to prosecute your case. They include:
- Obtain copies of ALL of your medical records. That includes the records of the potential defendant, as well as all subsequent treating doctors, all hospitals or other facilities, all imaging reports, and especially records of all medical care that you received before seeing the potential defendant.
- Obtain copies of ALL x-rays, MRIs, and other tangible studies.
- Gather ALL of your medical receipts and insurance Explanations of Benefits. If you cannot find these, contact the provider or insurance company and ask for replacement copies.
- Keep a record of every time and date that you saw the potential defendant. Then fill in the dates with as much detail and information as you remember.
- Make a list of all potential witnesses and a short statement of what you expect them to say.
- Do not discuss your case with anyone except your attorney.
- REMEMBER THAT ALL LEGAL ACTIONS HAVE TIME LIMITS AFTER WHICH CLAIMS CAN NO LONGER BE BROUGHT – THE TIME VARIES FROM STATE TO STATE