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3 Steps to Filing a Lawsuit for Medical Malpractice

Medical Malpractice 3 Steps to Filing a Lawsuit 

Medical Malpractice: If you or a loved one has suffered the severe effects of medical malpractice. You’re well within your rights to seek compensation. However, the process can be complicated. If you’re planning to file a medical malpractice claim, arm yourself with the knowledge you need to carry it through to the finish.

Medical Malpractice
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What Is Medical Malpractice?

Medical malpractice takes place when a doctor or other medical professional harm a patient by failing to perform medical duties competently. One type of malpractice is Meidcal negligence. In a case of medical negligence, the patient suffers from an injury or another type of damage as a result of a medical professional’s actions.

There are multiple actions that can constitute malpractice. For example, a misdiagnosis or an incorrect prescription could result in severe and long-lasting damage, and would be considered an example of negligence or malpractice.

Filing a Claim

Familiarize Yourself with the Rules

Rules for filing a malpractice claim vary between states. For example, depending on your local regulations. You may need to bring your lawsuit or notify your doctor at different times. However, there are a few universal requirements. To file a claim, you must be able to show that:

  • You were an established patient of the doctor you are suing. If a consulting physician didn’t treat you directly but was part of your treatment team, this can pose some complications.
  • The doctor performed in a way that was negligent. Feeling dissatisfied with your treatment doesn’t constitute medical negligence; rather, you must be able to show that the doctor caused you harm – and that given similar circumstances, a competent doctor would not have caused this harm.
  • The doctor’s negligence caused damages. Many malpractice cases involve patients who are already sick or injured, so it can sometimes be difficult to discern whether the injury was a result of negligence or a preexisting condition.

Gather Documentation

If you’re suffering from the effects of medical malpractice, make sure you document all the doctor’s actions. Keep tabs on dates, times, and outcomes of doctor’s appointments, as well as prescriptions and diagnoses. Obtain copies of your medical records, as well as insurance documentation.

You must also be able to prove that you suffered significant losses as a result of the doctor’s actions. Record items like loss of work, financial damages, additional medical bills, mental anguish, physical pain, and other effects.

Hire an Attorney

When it comes to filing a medical malpractice claim, some states are notoriously more complicated than others, which is where a personal injury lawyer comes in. An attorney is an invaluable component of your legal process. And he/she can help you navigate the complex legal system of your home area.

An attorney can help you follow all necessary protocols as well. For example, he or she will clue you into issues like the statute of limitations that dictates how soon you must file a claim for it to be viable. An attorney can also help you prepare a claim for submission to a malpractice review panel of experts, as well as a letter of notification to the doctor, which is required in some states.

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One comment

  1. Nice medical malpractice post. The key element is negligence and having enough damages to find a medical malpractice lawyer willing to pursue the case.

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