How to File a Medical Malpractice Lawsuit

How to File a Medical Malpractice Lawsuit

Posted By Maher Law Firm || 15-Jun-2017

If you have been injured in a hospital and are thinking about filing a medical malpractice lawsuit, you should be prepared for what that entails. You’ll need to comply with pre-suit requirements, collect copies of your medical records, and draft and file your complaint. Learn the basics to filing a medical malpractice case below.

Consult with an Attorney

The world of medical malpractice is a tricky one, and it shouldn’t be taken lightly. One of the first things you should do is consult with an attorney before even attempting to file a medical malpractice suit. You’ll need a lawyer to help you:

  • Establish that a doctor-patient relationship existed
  • Prove the doctor’s negligence caused the injury
  • Figure out damages
  • Collect medical documents and information needed
  • Contact the medical professionals involved
  • Contact the relevant medical licensing board
  • Comply with pre-suit requirements
  • Learn about the statute of limitations with regards to your case
  • Get a medical assessment to confirm your case has merit
  • Settle out of court

Collect Copies of Your Medical Records

Medical records are your best friend in any medical malpractice case. Due to privacy laws, you will have to sign a lease allowing your attorneys to obtain copies of your records. It is recommended that you request copies of your records as soon you believe there is a medical malpractice case at hand. An attorney can work to get you these records as soon as possible, and they can analyze them and get opinions from medical professionals who may serve as expert witnesses in your case.

Notify Appropriate Hospitals and Insurance Companies

You will also need to provide notice of a potential suit to doctors, hospitals and insurance companies. This may trigger an internal review, which would allow you the opportunity to reach an acceptable settlement before even filing suit. If claims professionals decide to take a hard line on your case, an experienced lawyer can help you negotiate.

File the Medical Malpractice Complaint

If everything goes according to plan and you have complied with any pre-suit requirements, you can begin the process of drafting and filing a formal complaint. The complaint will contain the defendant’s information, a detailed retelling of the injuries sustained and how much you are seeking in compensation. Once the complaint is filed, you lawsuit begins.

Our experienced Orlando medical malpractice lawyers at The Maher Law Firm can help you pursue legal action in order to seek compensation. We can help ensure these kinds of injuries occur less by holding the health professionals responsible for their negligent conduct.

Call (855) 338-0720 or contact us online to speak with a medical malpractice attorney.

Categories: Medical Malpractice
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