Medical malpractice happens when doctors offer substandard treatment or neglect to provide patients with the right treatment, resulting in death or injury. A medical malpractice lawsuit is complex, and it might be hard to navigate mazes involving legal problems, such as causation and standard of care.
While medical malpractice laws and requirements for making claims vary from one state to another, Odjaghian Law Group suggests that there are standard procedural steps, which most have in common. Some of these steps include:
- Reaching out to the Healthcare Provider Involved
The goal of contacting the expert is to understand what went wrong and give your healthcare provider a chance to determine if it’s something, which can be remedied.
In many cases, the doctor could be willing to carry out the treatment or offer services, usually for free, so as to provide a solution or correct the issue.
- Gathering Medical Records
Make a written request to the medical office, healthcare provider, or hospital involved for every record related to your case. These records must comprise all tests and consultations that you have had with the medical expert.
- Speaking to an Attorney
There are different types of injury-related cases, which you can handle without getting help from an attorney. However, medical malpractice cases are not among them.
If your case involves a traumatic brain injury, ensure your lawyer helps you file the case before the statute of limitations deadlines pass. Some jurisdictions can have a lenient statute, which may not start the clock until the time when you discovered the medical malpractice injury.
- Notifying Insurance Firms
Any notice of potential lawsuits must be brought forth to an insurance firm. In some situations, the notice may make your insurance company start reviewing your case that can lead to an acceptable settlement before filing a case.
Though you must discuss with your lawyer early settlements. Usually, insurance firms may prioritize profit and provide you with a settlement less than you’re entitled to.
- Contacting Medical Licensing Board
In some situations where talking about the problem with your doctor may not lead to a better solution for your injury, be sure to proceed to reach out to the medical licensing board.
The board will order your healthcare provider to provide you with compensation amount, but it may issue disciplinary action towards the expert and guide you to the next step.
- Taking Care of Filing Requirements
If you are harmed by a doctor, learning the basics of filing a lawsuit will prepare you for the steps you should take before hiring an attorney.
Based on the kind of injury or illness you have, you might handle the filing process from the date of the malpractice. Since your case can easily be dismissed when you wait longer, take action once you are able.
There are a lot of reasons why malpractice claims are complicated compared to an average personal injury case. If it is your first time experiencing medical malpractice, the best course of action is to contact a reliable attorney to advise you accordingly on the way forward.