How to File a Medical Malpractice Lawsuit: The Process Explained

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Doctors are necessary for us to maintain our health. They give us health advice or provide treatments to help our ailments.

But sometimes, treatment from our doctors can harm us. We may have been given the wrong medication, or an injury was caused during a procedure.

So what can you do? You can file a medical malpractice lawsuit. You’ll be able to get compensated for any damages that occurred during your treatment with a doctor.

If you’re not sure how to file a medical malpractice claim, don’t worry. We’ll break down the process in this step-by-step guide.

1. Hire a Medical Malpractice Lawyer

The first thing you’ll need to do is hire a medical malpractice attorney. You can file a lawsuit without them, but chances are your claim will get dismissed.

Doctors hire influential attorneys that make sure your case gets delayed as much as possible because they don’t want to take responsibility. As a result, this may eat away at your money. 

If you hire an attorney, they can help guide you through potential roadblocks you may face for filing a claim. They may also provide information about pre-settlement loans. You can follow the link to check it out.

2. Contact the Doctor Involved

In some states, before you file a claim, you need to contact the doctor who presided over your treatment. Contacting them could prompt an internal review of your treatment and resolve the matter before the court.

However, if you can’t reach the negligent party, try contacting the appropriate medical licensing board. Although they can’t provide compensation, they can discipline the doctor that caused you harm.

3. Get Copies of Your Medical Records

If you think you have a case, you must get a copy of your medical records. Give them to your lawyer so they can analyze them to see if you have a valid claim. The relevant parties will get contacted for supporting information.

Depending on the nature of your issue, your lawyer may advise against filing a medical malpractice case. That’s why it’s important to get the records to them as soon as possible. 

4. Abide By Pre-Suit Regulations

Your state will determine what processes need to be done before you can file your claim. It will help determine if your case is required to go through the lengthy trial process.

For most medical malpractice cases, you’ll need to get the support of a medical expert for your claim. Without it, there will be a greater chance of your case getting dismissed.

5. File the Lawsuit

After you have all the information you need, it’s time to file the lawsuit. Have your lawyer draft the documents and file the complaint in civil court. Once the case gets filed, proceedings will begin shortly after that.

File a Medical Malpractice Lawsuit the Right Way

Now you know the process to file a medical malpractice lawsuit. To have a great chance for a successful claim, follow the steps above. No one likes to bring matters to court, but you need to get compensated for what happened to you.

If you’ve enjoyed this article, feel free to check out our other posts for related content you might like.

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