Steps You Need to Take to File a Medical Malpractice Lawsuit

Medical malpractice lawsuit

A medical malpractice lawsuit can be filed when a person, either you or a family member, has been harmed because of poor medical treatment or has been misdiagnosed by a doctor, a dentist, a nurse, a technician, or any medical worker. A court will decide if a medical worker is negligent or if the patient would have received better care from a similar medical institution under the same circumstances.

The majority of health workers aim to provide quality care for their patients. But in case of wrongful death, you need attorneys expert in wrongful deaths in Los Angeles or in whichever city you are based. The lawyer will advise you on the proper course of action given the circumstances that you find yourself in.

Contact the Medical Professional

If the medical professional is willing to correct the improper procedure (free of charge, of course), why would you still want to file a case? The first step is to contact the medical practitioners to let them explain their side and for them to determine if the problem can be remedied.

Get in Touch with the Licensing Board

If the medical practitioner is uncooperative, you can reach out to the medical licensing board that governs the medical licenses. While they cannot order the doctor or dentist to compensate you, they can give them a warning and they can assist you on what steps need to be taken next.

surgeon wearing handcuffs

Check the Statutes of Limitations

Statutes of limitations put a time limit to when a case must be filed. If the statute of limitations has already passed, you cannot file a claim anymore. Check with your state to ensure that the time hasn’t lapsed for you to file a case.

Get a Certificate of Merit

Most states now require a certificate of merit from another physician to see if the case has merit. The physician will study your case to see if proper medical attention has been given and if there are any malpractices done during the procedure. This certificate will be the basis of the case that your attorney will file.

Consider Out-of-court Settlement

Medical malpractice cases are costly and take a lot of time. Most insurance companies do not attend to these claims, too, so you might just be wasting your time in the end. That’s why you have to check into settling the case out of court so that you can be compensated for what you believe was malpractice done in your expense. If there is a strong case against the health workers, seek a larger settlement.

It is hard to prove that medical malpractice has been committed. You need a very competent and able lawyer who’s an expert in this field to get you the result that you want. An experienced lawyer will discuss the strengths and weaknesses of the case. He will also advise you on the best course of action to take. Always listen to what your lawyer tells you. Remember that whatever advice he gives you is probably the best way to move forward.

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