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Home > Blog > Medical Malpractice > What Happens if Your Doctor or Surgeon Denies Medical Malpractice Occurred?
by: wpengine | February 7, 2022

What Happens if Your Doctor or Surgeon Denies Medical Malpractice Occurred?

Being a victim of medical malpractice is traumatic in many ways. Not only are you in worse shape than you were before you went in for treatment, but your faith and trust in your doctor and the medical field as a whole may be shaken. And to make matters worse, there’s a good chance your doctor or surgeon may deny that medical malpractice even occurred.

When this happens, it’s important for victims and their loved ones to understand that a denial on the part of the doctor, surgeon, or even the hospital itself isn’t uncommon. In fact, it’s expected. Medical malpractice can be difficult to prove, and many healthcare providers and facilities deny it in the hopes that the claim will go away.

But you shouldn’t let it “go away,” nor should you go through the next several months in the dark about what might happen next.

A Lawyer Can Help You Through the Next Steps

If you believe that you suffered from medical malpractice and your healthcare team says you didn’t, it’s important to get an outside legal opinion on the matter. Not all bad outcomes are medical malpractice, and an experienced Ohio medical malpractice lawyer can help you understand the difference and whether your injury or illness was, in fact, caused by negligence.

If we believe you have a claim, we’ll start collecting evidence immediately. That includes requesting copies of your medical records, contacting expert witnesses, and cross-referencing your health problems with those that are commonly associated with medical mistakes.

Another Doctor or Healthcare Facility Can Treat Your Malpractice-Related Issues

It’s understandable if you never want to walk through the doors of the office, clinic, or hospital where you believe the malpractice occurred. But you also may need treatment for any new injuries or illnesses you suffered. The last thing you want to do is get treated by the same people or person who denies that their negligence harmed you, and that’s why it’s a good idea to get treated elsewhere.

In addition to giving you peace of mind, getting treated by another doctor can also strengthen your medical malpractice claim. When they review your medical records and your current condition, they can help determine if your health was worsened in a way that was likely to have been caused by negligence or recklessness.

Your Health Insurance Can Cover Your Medical Bills in the Meantime

If you have health insurance, it can be used to help cover all or some of your medical bills while you wait for your settlement. Medical malpractice claims can take time to settle, especially when doctors, surgeons, and hospitals deny wrongdoing.

Note, however, that your health insurance provider will place a medical lien on your settlement to recover money it spends on your treatment if it knows you’re filing a medical malpractice lawsuit. You may have to pay back all or some of the money they spend on your treatment if you win a settlement.

You May Have to Go to Court

When healthcare providers and facilities adamantly refuse to admit medical malpractice occurred or pay settlements out of pocket or through their insurance policies, victims and their lawyers are often left with no choice but to take them to court. However, going to court is rare, and most medical malpractice claims are settled long before it gets to that point.

If it looks like your claim may end up in court, your lawyer will let you know ahead of time and help you understand the process, including when and where you may need to show up and whether you’ll need to speak during the trial.

We Don’t Let Denials Stop Us from Getting Justice for Our Clients

At Nurenberg, Paris, Heller & McCarthy, our Cleveland medical malpractice attorneys are used to hearing denials from healthcare providers and facilities. Part of that is because some medical malpractice claims are invalid, and part of it is because they don’t want to be on the hook for big settlements and payouts.

We approach every claim with the same dedication to discovering the facts, calculating damages, and negotiating full settlements for our clients. Contact us today for a free consultation. We don’t take “no” for an answer, especially when we believe innocent people were harmed by the professionals they were supposed to trust.

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