Medical EthicsPolicy & Law

5 Steps to Starting a Medical Malpractice Suit

2 Mins read

If you have been a victim of medical malpractice, it may seem overwhelming to even contemplate bringing forth a medical malpractice suit. To even contemplate a medical malpractice suit is to acknowledge that your medical provider has violated the doctor-patient relationship, not providing you with the standard of care that you would expect from any medical provider under your circumstances. If you believe that you have grounds for a medical malpractice suit, it is important to get the ball rolling the right way. Here is how.

Contact the Party Involved

Before you start the medical malpractice suit, it is important to contact the party involved, whether they be a doctor, nurse, or any other licensed medical professional. This will allow you to get a better idea of what went wrong to lead you to this position and give that medical professional a chance to determine whether they can fix the issue. Some medical professionals are willing to perform low or no cost treatments in order to correct the problem.

Contact the Licensing Board

If you cannot get a satisfactory solution from the medical professional involved, you can contact the licensing board that is in charge of medical licenses. While they can’t force the medical professional to give you solutions or compensation, they can discipline the medical professional and provide you with advice as to how to continue.

Know the Process in Your Jurisdiction

Knowing the process for filing a medical malpractice claim in your jurisdiction is incredibly important and will make your process much easier. One of the most important elements of knowing the process is knowing the statute of limitations in your state. According to the Parkland accident lawyers at zimmermanfrachtman.com, “This means that you must take immediate action to avoid losing your right to seek compensation.” You should know the statute of limitations so that you don’t risk missing your chance to file a medical malpractice claim.

Get a Medical Exam

Many states require a medical assessment by a third party in order to confirm that your injury was due to a medical professional’s negligence or malpractice. You will often have to file this in a “certificate of merit.” Even if your state doesn’t require this, many medical malpractice lawyers will require proof that a doctor has looked at your case and determined that you have been injured by a medical professional. If you have already contacted an attorney, they will be able to guide you through the process of filing the certificate of merit and other pre-suit matters.

Consider Settling Out of Court

Medical malpractice suits require an immense amount of time and money for both sides of the equation. This is why the majority of cases are settled out of court. In addition, your medical insurance has an outsized influence on the result, rejecting a large portion of medical malpractice suits, so you may wish to settle out of court if you want to receive any compensation at all. If you have a strong case, however, you should not allow yourself to be put off by this suggestion. You should always act in accordance with your attorney’s advice and your own best interests.

Medical malpractice claims are some of the most overwhelming and emotionally taxing types of claims, but you don’t have to feel lost. By following these tips, you will be able to move forward with your medical malpractice claim with confidence that you’re going in the right direction.

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