Considering Filing a Medical Malpractice Suit? Take These Steps First

We trust doctors, nurses and other healthcare professionals to keep us and our loved ones as safe and healthy as possible. While there are of courses instances in which a situation or condition is simply out of their hands, there are other times when they can play an active and vital role in someone’s recovery. When they fail to do so, or act in a manner that exacerbates the issue, the result can be devastating. If you’ve witnessed an incident of such medical malpractice, you might be wondering where to turn first. It can be a scary time full of emotions and questions, so knowing which steps to take first is critical. Let’s review what you should do as soon as the suspicion arises.

1. Contact your medical professional. Before you file a claim, it’s wise to talk one-on-one with the healthcare facility and individual professional in question. During this initial conversation, you can discern the details of the case and get a clearer picture of what may have actually happened and if there is still time to reverse the negative actions. If the answer is “yes” then your medical provider can take action immediately to remedy the situation.

2. Get in touch with your medical licensing board. If the conversation with your doctor proves fruitless, your next course of action is to contact your local medical licensing board. If it’s compensation you’re after, keep in mind that the board cannot legally require the healthcare company to reimburse you for any damages. What they can do, however, is issue a warning or further discipline to the offending party. They can also advise you about who to talk to and what to do for your next step.

3. Understand your timeline. It’s understandable to be outraged at a medical malpractice, misdiagnosis, lack of consent, or other issue even years after it occurs. After all, our health is an incredibly personal thing and to have it jeopardized in a manner that could have been prevented can leave a hurt that lingers long after the case is put to rest. Still, understand that to receive your day in court, you’ll need to act as soon as possible after the incident occured. As a medical malpractice claim is a civil case, it will have a timeline that dictates how soon afterward you need to file it. Research your local law around this, known as the “statute of limitations.” If you wait too long, you could lose your opportunity to receive compensation for your injuries.

How long you have to wait before filing your claim depends on the type of injury that occurred and what type of damages you’re seeking. For instance, if you plan to sue your doctor under the Emergency Medical Treatment & Labor Act (EMTALA) statute, you’ll need to wait two years to do so.

4. Receive a medical exam and assessment. Before you file your claim, you’ll need to be sure the injuries that you or your loved one received are legitimate and directly related to the care you received while under the watch of a healthcare professional. This is important because your state might require you to provide a “certificate of merit” when you file. So, contact a physician who is not related to the medical provider in question, and have an independent analysis performed. He or she will review your medical records and current condition, then assess whether or not your injuries align with medical malpractice. Once this certificate is received, your attorney will file it for you.

5. Find a qualified attorney. Partnering with the right legal expert can make all the difference in a successful case and one that leaves you disappointed. Take your time to review all the firms in your area and conduct interviews to find one that’s a good fit. You should feel comfortable discussing the details of your case openly with your lawyer.

If you or a loved one are a victim of medical malpractice, it’s worth taking the time to understand your case, compile the details, and partner with a solid professional to ensure the steps you take next will lead you to resolution.