Those filing a claim in can seek redress for incidents dating to Shop Now. Got a military medical malpractice claim? Disclaimer: The opinions expressed within this article are the views of the writer and do not necessarily reflect the views and opinions of FRA. I am happy with how the case worked out. David Williams Read More. October 16, Rady is a wonderful and caring Lawyer. He will go above and beyond to ensure that you understand.
January 8, Sean Mackintosh and his Team Kristine Huston. Read More. He also attended Brunel University, London. By: Mike Broemmel, J. Step 1 Obtain a medical assessment from a reputable physician that delineates the injury or damage you suffered as a result of the alleged medical malpractice.
Set out in the demand letter the general facts surrounding your allegation of malpractice. File the petition with the court clerk. The filing starts the court proceedings. Although you legally can file your own medical malpractice suit, seriously consider hiring an attorney.
An attorney who routinely handles medical malpractice cases will have the experience, contacts and procedural know-how to ensure your case is positioned for the best chance of succees. Learn how to find the right medical malpractice lawyer for you and your case.
Medical records are usually the best evidence in a medical malpractice case. Due to privacy laws, you will have to sign a release allowing your attorneys as well as any defendants' attorneys to obtain copies of your medical records.
You can get a head start on this process by requesting a copy of your records as soon as you believe you may have a case. Delivering a copy of your records to your attorneys as soon as possible will enable them to start analyzing the case in-depth, and will also allow them to solicit medical opinions from doctors, nurses or other medical professionals who may serve as medical expert witnesses in your case.
It is entirely possible, after a thorough review of your records, that an attorney will advise against filing a lawsuit, or opine that your damages may not be the result of a health care provider's medical negligence. The sooner professionals can review your records, the sooner you'll be able to determine if your lawsuit has a good chance of success. Whether formally or informally, it's often helpful to provide notice of a potential lawsuit to health care providers and their insurance companies.
In some states, this is a prerequisite to taking the matter to court, but in all cases, this kind of notice will trigger insurance coverage and internal review, and you may find that you can reach an acceptable settlement prior to even filing suit. Again, the assistance of a lawyer is invaluable because your attorney will act as a professional buffer between you and claims professionals who may or may not decide to bully you or take a hard line on your case.
While this can be a mere negotiating tactic, it does not make it any less unpleasant.
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