Where to Start with a Medical Malpractice Case

If you are wondering if you have a case for medical malpractice, you probably do. You should never have to question if doctors treated you fairly or performed a procedure correctly. When it comes to your health, stand up for yourself by filing a medical malpractice case.

You may not be sure if your case will hold up in court, which is why it’s best to consult with a lawyer and explain the details for them. An attorney in this field will know whether your situation is worth pursuing as a medical malpractice lawsuit.

Examples of Medical Malpractice

If you are not sure if you have a case for medical malpractice, consider if you would receive better care from a different provider for your exact condition. If you think you would, then you have a case.

Here are some examples of medical malpractice:

  • Negligence
  • Mis-diagnosis
  • Wrong prescription dosages
  • Lack of consent
  • Breach of confidentiality between doctor/patient
  • Poor medical care

Do not hesitate to advocate for yourself and take the steps toward filing a medical malpractice lawsuit. Any of these missteps can lead to considerable delays in your healing and, consequently, increased pain and suffering.

For example, if you suffer from a wrong prescription, it could be fatal. If your prescription is incorrect, you may not be treating your condition and taking drugs that are not right for your body. Not only will this delay your treatment, but it also is potentially dangerous to your health.

First Steps to Filing a Medical Malpractice Lawsuit

If you are not familiar with medical litigation, you may not know where to start like many others. A lawsuit takes time and money, and maybe you are unsure if you even have a case.

But when you think about the pain and suffering you experience because of medical malpractice, you owe it to yourself to take action. You also owe it to fellow patients to make sure the mistake doesn’t happen to someone else attending the same doctor’s office or hospital.

Take a look at the steps to take to file a medical malpractice lawsuit:

  1. Contact the Responsible Medical Professional
    For those who shy away from conflict, you may not be comfortable with this first step. But it is vital for the medical professional to know that they did something wrong. Filing an official complaint is the first step to a medical malpractice case.

    Once the office is aware of the mistake, they may take proactive steps with you to make it right. Having a lawyer on your side will help you navigate this unfamiliar situation and make sure you get the resolution you deserve.

  2. Contact the Licensing Board
    Each medical professional has a license that allows them to continue as a doctor or surgeon. If you do not get any response from the office or hospital, you can contact the licensing board. They will issue warnings and make official notes on the physician’s permanent records.

    When you contact the licensing board, your doctor or nurse will know that you are serious about pursuing your case. This is a vital early step to take in your medical malpractice lawsuit.

  3. Learn the Statute of Limitation for Filing
    Each state has different timelines that explain when you must file a civil claim once the injury or misconduct has occurred. You can look up your state’s timeline so that you know how quickly you need to take action on your case.

    Once you know the statute of limitation, you can get the ball rolling as not to surpass the time limit. Knowledge is power in this situation, and the responsible medical professional may try to string you along to distract you from filing a lawsuit. A lawyer will know how quickly you have to move when you provide them with the qualifying dates.

  4. Get a Second Opinion for Certificate of Merit
    Many courts now require you have a certificate of merit to ensure that you have a second opinion in your case. In addition, you can visit another physician to confirm that you experienced medical malpractice.

    For example, if you received plastic surgery where you have trouble breathing afterward, a checkup by another doctor can confirm that you have breathing concerns. Therefore, this certificate of merit will hold weight in a court of law.

  5. Pause to Think About an Out-of-Court Settlement
    Because medical malpractice lawsuits happen often, there is often a long wait to go to court. As a result, insurance companies will urge you to accept an out-of-court settlement. This does not necessarily mean you will receive a low-ball offer.

    When you partner with a lawyer who is very familiar with medical malpractice cases, you will be able to determine together if it is the right option for you. Be aware that agreeing to an out-of-court settlement without getting a professional opinion could be a huge mistake.

  6. Hire an Expert Attorney
    A medical malpractice attorney can take care of these steps for you and advocate for your injuries and suffering. It can be stressful to file a medical malpractice claim on your own. Your case will be taken more seriously when you have a professional by your side. In addition, an experienced lawyer will have the skills to get you the most payout for your injuries, including pain and suffering.

    Forget about looking up the statute of limitation and contacting your physician with an official complaint. Instead, let your lawyer do that for you.

When you see the steps laid out before you, it is not as overwhelming as you think. And when you have a lawyer on your side who deals with medical malpractice every day, they will guide you through the process.

You may be overwhelmed about a medical malpractice case. Meet with our team to outline the steps that you might take to get a resolution to your medical mishap. It is your responsibility to ensure it doesn’t happen again to someone else. Contact Gainsburgh, Benjamin, David, Meunier & Warshauer, L.L.C. to get started today: (504) 522-2304