What to Do Before Filing A Medical Malpractice Claim
Before your medical malpractice case can be deemed fit to go to trial, there is a lot that comes into play other than the fact that the medical practitioner made a mistake. Proving negligence in medical malpractice is no walk in the park. You need to consider all the factors that went into the treatment process as they can be used as evidence to prove negligence on the part of the physician. Here is what you need to do before you file for a medical malpractice suit.
- Contact the Medical Practitioner Involved
The first thing you need to do is get in touch with the doctor or medical practitioner you intend to sue. Your goal should be to seek understanding for what went wrong and also to give the doctor a chance to think of a way to remedy the situation if possible. You may find that the doctor will be willing to offer free services to provide a solution or correct the error if it can be reversed.
- Contact Your Area’s Medical Licensing Board
If talking to the doctor or physician does not bear fruit, you may contact the medical licensing board in your area. They are responsible for issuing practicing licenses to medical practitioners. While it is not in their mandate to order the medical practitioner to compensate you or prove negligence in medical malpractice, they can issue warnings or even take disciplinary measures against the medical practitioner. They can also offer guidance on what you ought to do next.
- Understand the Medical Negligence Case Filing Time Limits
It is important that you take the time to learn about the statute of limitation for filing a medical malpractice claim. This means that you have to file the case within a stipulated number of days after you were wrongfully handles by a medical practitioner. Check your state’s laws on medical claims filing and ensure your case is within the time limit needed. Filing the case after the expiry of the time limit makes your case null and void.
- Seek for Medical Assessment to Validate Your Case
Most states will require you to file for a certificate of merit for your case before you can sue. This certificate of merit is obtained from a certified medical practitioner once they ascertain that your case has merit. The doctor will review your medical records and certify that your doctor deviated from accepted practices, which led to your injury. With this certificate, you can now hire a lawyer to help you prove negligence.
- Be Open for An Out of Court Settlement
Proving negligence in medical malpractice can be time consuming and very costly. For this reason, if the accused lawyer finds that your case stands a chance in court, they prefer to opt out of the tedious process and settle. However, if you feel what they are offering is less than what you will get from winning the court case, you can decide to pursue the matter in court.
- Find A Medical Malpractice Attorney
Once you are sure you have a case, you need to find a competent medical malpractice attorney. Finding the best malpractice lawyers can be the difference between winning and losing your compensation case. A good attorney will explain the strengths and weaknesses of your case and advice on the best way forward.