Everything You Need To Know About Filing A Medical Malpractice Claim

Posted on: 26 July 2019

If you have been the victim of medical malpractice, your life can be permanently changed. You may also be entitled to financial compensation as a result of your injuries, pain and suffering, lost wages, or other consequences of medical malpractice. One of the biggest challenges, however, is proving a malpractice claim and reaching a fair settlement. By having a better idea of what the medical malpractice claims process entails, you can move forward armed with knowledge and greater confidence.

Request Copies of Medical Records

Start by obtaining copies of all your medical records—especially the ones most relevant to your case. It is recommended that you do this first because the actual process of obtaining these records can be time-consuming. Your lawyer will want to have access to these records in order to determine whether you have a case and, if so, how strong your case may be. You may also want to consider signing a release form that will allow your chosen medical malpractice lawyer to obtain further copies of these records on your behalf.

Meet With an Attorney

Once you have the ball rolling with obtaining copies of your medical records, it's time to start scheduling consultations with medical malpractice attorneys. Taking the time to meet with at least a few reputable attorneys can help you get more guidance on your case and explore your different options for approaching your case. No matter what, it's important to secure a medical malpractice attorney before moving forward, as going through the claims process alone is not recommended.

Consider Providing Notice

There's a chance that your attorney may want to provide notice to the hospital and/or insurance company of your intent to file a medical malpractice claim. Sometimes, providing advance notice can lead to an out-of-court settlement that saves time and hassle for both parties. Ultimately, your lawyer will have the best advice regarding whether you should provide notice or not.

Draft and File a Formal Complaint

If a settlement cannot be reached outside of court, your attorney will assist you in drafting and filing a formal medical malpractice complaint. Once this is filed, the official lawsuit begins.

Going through the process of filing a medical malpractice claim can be stressful, but the right attorney can make all the difference. From there, you can have the best chances of reaching a fair settlement that covers your lost wages and other related expenses.

For more information, contact a medical malpractice lawyer.