Not Following Doctor’s Orders

Answer:

I’ve had clients ask, “Is it possible that I could lose my right to pursue a medical malpractice claim if I’m not compliant with what the doctor is asking me to do, or if I fail to follow the instructions that I’m given?” That is different that the doctors’ duty to use reasonable care and abide by their standard of care. However, in the defense of a medical malpractice case, many times, the defense will bring up that issue, which is that the claimant or the person who’s bringing the case did not mitigate their damages, did not mitigate or reduce their losses because they failed to follow the specific instructions of a physician. If you believe that you have been the victim of a medical malpractice, and you’re concerned that the instructions that are given to you by a doctor will cause you more harm, it’s important for you to seek legal advice immediately.