4 Steps To Filing A Medical Malpractice Claim
There are many reasons why medical malpractice claims are more complicated than the average personal injury case.
For example, in a typical personal injury claim, your attorney must prove that the person who caused your injury was not acting the way a reasonable person would have if he or she was in a similar situation.
However, in a medical malpractice claim, your attorney must prove that the medical professional who caused your injury failed to act the way another medical professional would if he or she had similar experience, knowledge, and training and was in a similar situation. This is a much tougher standard than other personal injury cases and your attorney will need testimony from medical experts to prove it.
This is one of the many reasons you should work with an experienced medical malpractice attorney who knows how to deal with the complexity of a medical malpractice claim. A lawyer can also guide you through every step of filing a claim.
We can review your claim in a free, no obligation legal consultation. You can explain your situation and ask questions about the legal process. This is also an opportunity for us to determine if you have grounds for a lawsuit.
We can also determine if you still have time to file a claim, as the statute of limitations may have expired. The statute of limitations is a period of time when you can file a claim. Once this period of time passes, you are prohibited from filing a claim.
If we determine that you have a viable claim, and you decide to proceed, we will immediately begin building your case.
Step 2: Collecting Medical Records
Your medical records will be a vital part of your medical malpractice claim. They will note your current condition and the medical issues you are suffering from, along with who treated you, what they did and when they did it. This allows us to begin developing a causal connection between your injury and the medical professional’s actions.
We will also request records from before you were injured. These will detail your prior conditions, how a doctor treated those conditions and the results of your treatment. These records often provide the evidence we need to counter claims from the other party that your current injury is a result of a preexisting medical issue.
Step 3: Evaluating Your Medical Records
Although lawyers see medical records on a regular basis, they do not have the experience and training of a doctor. Only a physician will be able to look at medical records and determine whether the doctor that treated you acted below the standard of care for the situation. This medical professional is often the one who testifies on your behalf at trial.
This person will give us his or her thoughts about the situation. This helps us decide whether it is in your best interest to continue pursuing a case.
Step 4: Filing The Complaint And Going To Trial
If there is a valid basis to assert your medical malpractice claim, our team will file a complaint on your behalf. This pleading will include all of the relevant information that applies to your lawsuit.
After the complaint is filed, we will start the discovery process. This is a process where both parties ask questions of each other and share information.
You may also have to undergo a deposition, which is a formal question and answer session performed under oath. Our team will likely want to depose other people that have information about your case, including your doctor.
The trial is the next major event after discovery is completed. Our team understands the anxiety people deal with during a trial and that is why we will take the time to prepare you so you know what to expect.
However, a trial may not be necessary as we may be able to reach a settlement before it starts. Even if the trial begins, we can continue to negotiate for a favorable settlement throughout the legal process.
If you suffered an injury due to medical malpractice, contact our attorneys today to find out if you can pursue a claim to recover compensation.
We take cases on contingency, so we do not accept legal fees unless we recover the compensation you deserve.
