Trial Attorney Blog
When you or a loved one suffers harm due to a healthcare provider’s negligence, you have the right to pursue a medical malpractice claim.
However, the road to justice isn’t straightforward.
Even with valid claims, too many victims make avoidable mistakes that can severely damage or even destroy their chances of receiving compensation.
At Finch McCranie LLP, we’ve seen firsthand how missteps can derail cases that otherwise had strong legal merit.
As experienced medical malpractice attorneys, our goal is not only to fight for your rights but to ensure you are well-informed at every stage.
If you’re considering legal action, it’s critical to understand the common pitfalls that can harm your case — and how to avoid them.
Here are some of the most frequent and damaging mistakes people make when pursuing a medical malpractice claim.
Waiting Too Long to Act
There is a legal date by which you must submit your claim in every state.
In Georgia, for example, most medical malpractice claims must be filed within two years from the date of injury, and no more than five years from the act that caused the injury.
Miss this deadline, and your right to recover damages may be gone forever.
Mistake: People often delay seeking legal advice, thinking they have plenty of time.Yet, witnesses’ memories weaken rapidly, and important evidence can vanish.
Solution: Contact a knowledgeable medical malpractice lawyer as soon as you suspect something went wrong. At Finch McCranie, we offer free consultations to help you understand your timeline and options without delay.
Not Getting a Second Medical Opinion
Many patients trust their doctors implicitly, even after an adverse outcome. But if you’re experiencing unusual complications or suspect negligence, don’t wait for things to “fix themselves.”
Mistake: Failing to seek a second opinion not only risks your health but can weaken your case. Courts want to see that you took reasonable steps to mitigate further harm.
Solution: If something feels off, get another qualified provider to evaluate your condition. This can confirm whether an error occurred and help establish your case’s foundation.
Talking to the Insurance Company Without Legal Guidance
Insurance adjusters are trained to minimize payouts. They may act friendly or sympathetic, but their priority is protecting the healthcare provider — not you.
Mistake: Giving recorded statements, signing documents, or accepting early settlements without understanding your legal rights can limit your recovery or even waive your claim.
Solution: Never speak to insurance companies alone. Let your medical malpractice attorney handle all communications. At Finch McCranie, we protect your interests from day one and ensure you don’t fall into common traps.
Failing to Document Everything
In a medical malpractice case, documentation is everything. Your case will be stronger if your records are more complete.
Mistake: Relying only on memory or failing to keep key information like treatment summaries, prescription records, emails, or your own symptoms can weaken your case’s credibility.
Solution: Keep a timeline of your symptoms, appointments, diagnoses, and any conversations with healthcare providers. Store medical bills and insurance claims. Your lawyer will also request official records, but personal documentation often fills in critical gaps.
Assuming All Bad Outcomes Are Malpractice
Not all unfavorable medical results are due to negligence. Some treatments carry risks, and complications can occur despite proper care.
Mistake: Pursuing a claim without expert support can lead to frustration and denial of your case. Judges and juries want proof that the provider violated a standard of care — not just that things went wrong.
Solution: We work with medical experts to determine whether the harm was preventable and if a provider failed to meet their duty. At Finch McCranie, we screen each potential claim rigorously to determine its legal merit before proceeding.
Hiring a Lawyer Who Lacks Malpractice Experience
Medical malpractice is one of the most complex areas of law. It requires knowledge of both medicine and litigation strategy.
Mistake: Choosing a general personal injury lawyer without experience in medical malpractice may cost you the compensation you deserve. These cases often involve aggressive hospital defense teams and expert witnesses.
Solution: Always work with attorneys who have proven experience in handling medical negligence cases. At Finch McCranie LLP, we have successfully represented clients in high-stakes malpractice claims involving surgical errors, misdiagnosis, birth injuries, anesthesia mistakes, and more. Our decades of experience allow us to handle the most complex cases with care and precision.
Not Following Medical Advice After the Injury
After a medical error, it’s natural to feel distrustful of doctors. However, failing to follow up with treatment can hurt both your recovery and your claim.
Mistake: Skipping follow-ups, refusing treatment, or going “off the grid” medically can be used against you. Defense lawyers may argue that the damage caused wasn’t as severe as you say or that you caused your own condition worse.
Solution: Always follow medical instructions — or seek alternative treatment with a qualified provider if you’re uncomfortable. Keep all appointment records and track how your condition progresses or deteriorates.
Posting on Social Media
In today’s digital age, anything you post online can be used against you in court.
Mistake: Sharing updates about your health, lawsuit, or recovery can be misconstrued. You may use even unrelated posts (such pictures from a trip or social events) to imply that your ailments aren’t as bad as you’ve said.
Solution: Until your case is resolved, avoid discussing your health or case online. Tell friends and family to do the same. Your attorney can provide guidance on what is safe to post, if anything.
Underestimating the Emotional Toll
A malpractice claim can be emotionally draining. Patients often relive traumatic experiences, deal with financial stress, and feel overwhelmed by the legal process.
Mistake: Giving up halfway through, accepting a lowball settlement, or avoiding medical appointments due to stress can cost you justice.
Solution: Work with a law firm that not only understands the legal side but also offers compassionate, client-centered support. At Finch McCranie, we manage the legal work while our clients may focus on getting better. You’re never just a case number — you’re a person we fight for.
How Finch McCranie LLP Can Help
With over 50 years of proven experience, Finch McCranie LLP is a name you can trust when it comes to handling complex personal injury and malpractice claims across Georgia and beyond.
Our medical malpractice lawyers are deeply familiar with the medical, legal, and emotional aspects of these cases. We’ve successfully represented clients in claims involving:
- Surgical errors
- Failure to diagnose serious conditions
- Birth and neonatal injuries
- Anesthesia complications
- Prescription and medication errors
- Post-surgical infections and negligence
We work closely with medical experts, investigators, and economic analysts to build the strongest possible case — one that reflects the full extent of your harm and suffering.
From the moment you reach out to us, we take your concerns seriously. Our consultations are always confidential, pressure-free, and designed to empower you with the information you need.
Final Thoughts
Medical malpractice claims are more than just legal cases — they’re deeply personal journeys.
The injuries sustained often leave lasting emotional and physical trauma.
However, early decision-making can make the difference between justice and disappointment.
Avoiding the mistakes listed above can put you in the best position to recover the compensation you need and deserve.
Let the experienced legal team at Finch McCranie LLP stand beside you, fight for your rights, and help you move forward with confidence.
FAQ’s
What is considered medical malpractice?
Medical malpractice happens when a doctor, nurse, or other healthcare professional fails to provide care that meets the accepted standard, and as a result, the patient is harmed. This can include surgical errors, misdiagnosis or delayed diagnosis, medication mistakes, birth injuries, or poor follow-up care. It’s not just about a mistake—it must involve negligence that directly causes injury. To determine malpractice, we assess whether the provider’s conduct deviated from what a reasonably skilled provider would have done in the same situation.
How can I tell if I have a valid case?
Not every negative medical outcome is considered malpractice. A valid case typically involves proving that the healthcare provider acted negligently and that this negligence directly caused you harm. Our legal team thoroughly reviews your medical records and consults with trusted medical experts to understand what went wrong. If there is clear evidence that your provider failed to follow proper medical protocols, you may have a strong claim. We offer a free consultation to help you evaluate your specific situation.
What evidence do I need?
To build a strong medical malpractice case, you’ll need comprehensive documentation of your medical care. This includes hospital records, test results, prescription details, doctor’s notes, and any emails or communication with healthcare providers. It’s also helpful to maintain a personal journal tracking your symptoms, pain, emotional distress, and how your daily life has been affected. Our legal team will also obtain expert medical opinions to confirm that the provider’s actions were negligent and directly caused your injury.
In Georgia, how long do I have to file a claim?
In Georgia, the statute of limitations for medical malpractice cases is generally two years from the date you were injured. However, you cannot file a claim more than five years after the actual incident of malpractice, even if the harm wasn’t immediately discovered. There are exceptions, such as in cases involving minors or when a foreign object is left inside the body. Because these deadlines are strict and vary by case, it’s important to speak with a lawyer as soon as possible to preserve your rights.
How much does it cost to hire a malpractice lawyer?
Most medical malpractice lawyers, including our firm, work on a contingency fee basis. This means you don’t pay anything upfront—we only get paid if we win your case or secure a settlement. This allows you to pursue justice without the burden of legal fees while recovering from your injuries. Initial consultations are usually free, and we will explain the fee structure in detail before moving forward. Your focus should be on healing, while we focus on fighting for the compensation you deserve.