Is filing a medical malpractice claim difficult to do, and is it worth the frustration that comes from dealing with hospitals and insurance companies?

Taking legal action against a negligent party is never quite as easy as one might hope it to be. Of course, guilty individuals try to defend their actions and prove their innocence, and this can sometimes be a frustrating and exhausting process. But, with the experience of a skilled attorney, even the most difficult cases can end with positive results for accident victims. And hopefully, a successful lawsuit can help prevent further injury accidents from happening to victims in the future. Medical Malpractice claims are no exception.

Five Steps to Filing a Medical Malpractice Claim
  • Consult with a medical malpractice attorney immediately. This is crucial, because these kinds of injury cases are not something that you can handle on your own. Because of statute of limitations laws, you don’t want to miss your opportunity to take legal action because you waited too long.
  • Obtain copies of all of your medical records. This will prove to be some of the most important evidence you will have in building your malpractice case. This includes any information on family medical history, pre-existing conditions, previous medical care received, as well as the records for the incident in question. You will have to sign a medical release to give your attorney access to these records due to medical privacy laws.
  • Notify your insurance agency and the medical facility. Your attorney can help you with this process because it can be exhausting and frustrating when working directly with the parties you are filing a claim against. Your attorney can help be a buffer between you and the defendant, and may even be able to keep a suit out of court and help you reach the best settlement for your injuries.
  • Comply with pre-suit requirements. Different states have differing requirements for formalized notifications in medical malpractice cases. The idea behind these requirements is to help make sure that only the most serious and catastrophic injury cases are pursued. Your attorney can help make sure you aren’t taken advantage of during this process, and that your rights are protected throughout the entire process.
  • File a medical malpractice complaint. This is the last step in filing a claim. At this point, your lawsuit begins. This means that you officially file the malpractice complaint against the physician or medical facility that is responsible for your injuries.

There are many crucial details within each of these five steps, and each part could make or break your case. If you’ve been seriously injured though, taking the time to go through each step thoroughly could help you receive the financial compensation you need during your recovery process to continue moving on and functioning in life.

Did you find this helpful? Please let us know. If not, please feel free to offer some feedback or ask additional questions in the comment section. We’d like to offer the most useful answers to your medical malpractice questions.

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