Filing a Medical Malpractice Lawsuit

Medical negligence is the third leading causes of death in the U.S. According to an estimate, negligent treatment results in nearly 98,000 deaths every year. Negligent death incidents cost the industry nearly $3 billion in medical practice lawsuits and payouts.

Medical malpractice is a form of personal injury claim filed against physicians, hospitals, nurses, and other medical practitioners. The claim may require the defendant to compensate for the damages, resulting from professional negligence.

Medical malpractice lawsuits are complex due to the technical nature of the cases. However, making the right use of resources and preparing your claim well can significantly improve your chances of winning the case.

Here is a brief guide on filing the medical malpractice case the right way.

Hire an Attorney

Medical malpractice lawsuit is not amongst those cases that could be managed without a lawyer. Hire a competent lawyer who has expertise and experience in dealing with medical malpractice cases to get the right professional guidance.

A competent attorney makes the best use of time and resources to make sure that your claim is filed before the statute of limitation expires. Since the period of statute of limitation may vary across states, your attorney can ensure the timely filing of the case.

Depending upon your location and the regulations in your state, you may be required to complete certain procedural requirements. Failure to fulfill pre-suit requirements may lead to dismissal of the claim. Your attorney may oversee all procedural matters to make a winning claim.

Get Copies of Your Medical Records

Medical records are the most valid evidence backing up your medical malpractice claim. Make sure that you sign authorization immediately after hiring the attorney. With authorization, you allow the medical care unit to provide your attorney, as well as the defending lawyer, the copies of your medical records. Once your attorney acquires your medical record, he/she will examine the documents, solicit expert opinions, and prepare documents to file a claim.

The sooner you allow access to your records, the earlier your attorney can file the claim, and the greater are your chances of winning the claim.

Send out a Notification

Send out a formal notification to your insurance company and defending party detailing the incident, injury and intent of filing a claim. Pre-suit notification may lead to an internal review recommending a settlement.

File the Complaint

If both parties don’t arrive at a settlement, the attorney may file a legal complaint. The complaint gives account of the allegation against the defendant along with the request to initiate a legal trial.

Don’t let your medical service provider get away with negligence. Hire The Fitzgerald Law Firm to get complete guidance on your medical malpractice case. With expertise, experience, and some of the best lawyers for personal injury on our team, we have helped hundreds of clients get their rights. Call them at (800) 323-9900 to book a consultation appointment today.