Step by Step Procedure Involved in Filing Medical Malpractice Lawsuit

14 Sep

Medical malpractice has been established as the third cause of deaths in this country, medical malpractice occurs when a health provider neglects to provide the patient with the appropriate health care by either recommending wrong medications or prescribing substandard drugs leading to injury or death. Some states have developed strict procedures of filing medical malpractice lawsuit to ensure only the legit claim is filed.  Some medical practitioners are dishonest and they can do anything to take your money in the name of providing health care. It is therefore important to make them accountable for any negligence on their part. There is only one way to do so, filing a medical malpractice lawsuit. However, the procedures to do so can be overwhelming owing to guidelines that are set to ensure only critical and substantiated claims are filed, and the procedures can vary from one state to another. Nonetheless, you need to familiarize yourself with the common procedures you need to follow when filing a medical malpractice lawsuit. Do click here for car accident information. 

The first step is to file a medical malpractice claim is to consult an attorney. Make sure you select the right attorney with vast knowledge and experience in medical malpractice cases. You have to make sure you file your medical malpractice claim before the state statue within a specific period before the limitation runs out. Your attorney should guide you on how long you have to file the lawsuit because the law of limitation of medical malpractice varies according to state. 

The second step is to contact all your insurers and also notify the health care providers. You can inform them either formally or informally. It is important to notify them that you are considering filing a medical malpractice lawsuit. In some states, this is considered as a prerequisite step while for the case of health providers and insurance they will initiate an internal investigation that can help you get an acceptable settlement before filing the suit. At this juncture, your attorney can give you invaluable guidance on whether to proceed with the suit or agree on the settlement based on the experience considering the loss you incurred.

The third step is to ensure you comply with all the pre-requisites necessary in filing a medical malpractice lawsuit. Make sure you have all your medical records ready to ensure you have a valid malpractice case because in most cases medical records are an important source of evidence that can prove medical negligence. Here's how much you could get from car accident settlelements:

The last step is to file your complaint, this happens if you and the health providers or the insurance failed to agree or the right settlement. In your complaint outline reasons for filing and list the defending medical providers or the hospital who you believe they were negligence while providing you with medical care. This is the last step in filing a medical malpractice case and marks the beginning of the actual malpractice lawsuit. This procedure may sound simple but you may encounter some challenges along the way, and thus the reason you need to engage a professional attorney specialized in such cases. You can go here to learn more about accident settlements. 

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