First Steps You Must Take in a Medical Malpractice Suit

by Kevin Smith Author

No one wants to deal with a medical malpractice suit, whether as a third party acting on behalf of an aggrieved party or as the victim of an action of malpractice. Unfortunately, though, with all the pressures on our healthcare system, errors happen and when they do, accountability is key to make sure your situation is rectified, legally, appropriately. There are a lot of different steps you have to take to ensure your case is as solid as possible, including securing medical expert witnesses that back you up; here is how to begin.

Check out Your State Laws

It would be ideal if nationally there was a standard for malpractice laws, but there is not. Your state likely has its own slate of malpractice statutes that govern the process, what constitutes malpractice and how it is to be adjudicated. Check these out before you visit an attorney so that you have some idea as to the options before you.

Hire an Attorney

One of the most significant mistakes a victim of malpractice can do is represent themselves through part of the process. That pits you against medical personnel who are trained in how to respond and the organization or individual’s attorney(s.) By yourself, you are overmatched. A competent attorney will have the skills, tools and knowledge to evaluate your situation and present you with legal options.

Document Your Case

One aspect of medical malpractice suits that never change is the need for documentation. Initially, you or your attorney need to make a formal, written request to the hospital or clinic where the malpractice took place for all records pertaining to you and your medical history. This includes any procedures you have had done that are related to your case. It also includes any consultations, lab tests, referral opinions and treatment.

Identify What Type of Malpractice Occurred

Rely on your lawyer for this, but also apply your own thoughts based on your research of your state’s malpractice laws. Your attorney should have a network of professionals to help them assess your case and they likely will refer your records to a medical expert for review.

Look for a Third Party Expert Review

If you were diagnosed with cancer or needing surgery, you would get a second opinion. The same applies to something as important as a medical malpractice case. It also is required in some cases, such as when there was negligent care or when a case hinges on a judgment call.

Those are the initial steps you should take in order to determine whether you have a case, how strong it is and your options legally. After that, if you decide to move forward, your attorney will likely present you with medical expert witnesses that can help with your case as well as legal and technical experts. Making sure you get these first steps done right, however, is key to giving you as strong a case as possible.