Suing For Medical Malpractice After An Auto Accident

11 September 2015
 Categories: Law, Blog


It can be complicated enough to sort out who is liable in an auto accident, especially if both parties claim that the other person is liable. When you throw medical negligence into that equation, it can become a difficult tug of war between many parties. Here is how to handle a case of medical negligence within an auto accident scenario.

Document the Accident Thoroughly

The first piece to document is the auto accident itself. Since all of the injuries stem from that one source, you'll need to have this clearly written out for your insurance carrier. Take photos, get witness testimonies, and send the insurance company records of your medical bills that relate to the auto accident.

Since the auto accident and medical negligence were ultimately caused by the person who instigated the car collision, it will be important for judges to know who is at fault for the car accident. Some of the medical liability will fall on this party.

Determine Medical Malpractice

If you feel that your injuries were not handled properly after a car crash, then you'll need to collect evidence that supports your claims before filing a separate malpractice lawsuit. For instance, did your doctor not do enough testing to rule out certain complications or unusual injuries? Were you not given enough instructions, either verbal or written, to help you complete your treatment?

Whatever the case you have against your doctor, you'll need to collect your medical records to support your claims. It's important to get your injuries documented by a third party doctor who can evaluate your medical condition and provide evidence that your condition has gotten worse under the treatment of a negligent doctor.

Find a Good Lawyer

Since there is a complicated interplay between your auto collision case and your medical malpractice case, it's important to get a lawyer who has experience working in both of these arenas who can take on both cases at once. This might be a single person, or it might be a team of lawyers at the same firm who have specialties in each area.

Since the malpractice case adds a new layer of complexity to your injury case, it may take longer to resolve than a simple auto collision case. The lawyers will help you distribute information to your auto insurance company, your health insurance provider, and ultimately the judges who will be handling your medical malpractice lawsuit. Contact a local attorney, like Davidson Law Center Inc, with any concerns.