A Guide to Filing a Medical Malpractice Lawsuit


If you feel that you are the victim of medical negligence, there are legal avenues that you can take to claim compensation. As you would expect, filing such a claim must be done according to the process laid out by the government and the first thing you need to do is find an experienced attorney that deals with medical malpractice lawsuits.

Approach an experienced attorney

It is important to understand the statute of limitations, which is a time period during which you are able to file a medical malpractice lawsuit. As soon as you decide that you would like to proceed with legal action, the next step is to find a good lawyer and Google can help with this. The attorney would listen to your story and if they feel that you have a good case, they would offer to represent you on a no win-no fee basis.

Acquiring your medical records

Using a company such as Record Retrieval Solutions, your attorney can acquire all of your medical records and this is an essential step that enables your lawyer to gather essential evidence. This includes the following:

  • X-Ray images
  • Medical reports
  • Hospital records
  • Doctor reports
  • Records of medical billings

The attorney would also like access to any images, videos, audio recordings and witness statements that you might have.

Putting together a case

This is obviously a critical stage of the process and how long it takes would depend on the nature and complexity of the case. A good attorney is not going to court without the best case presentation possible and you would need to spend time with your legal counsel in order to prepare well. Putting together a good case is both time-consuming and complex and your lawyer would know what constitutes a strong case and he or she would do everything in their power to facilitate a watertight case for medical malpractice.

Independent medical assessment

Some states do require that your case undergoes an independent medical assessment, in order to determine whether or not the medical practitioner was negligent and that resulted in your injuries. In the event the independent medical professional is of the opinion that, in your case, the medical practitioner was negligent, they would sign off on this and your case can be heard in a court. Here are a few tips on dietary supplements, which might prove useful.

Out of court settlements

In many cases, the medical practitioner admits negligence and rather than take up the court’s valuable time, a settlement is reached with both attorneys involved. This is when your attorney’s negotiation skills really come into play and when choosing a lawyer, look for one with a great track record, which improves your chances of a favorable outcome. Here is some detailed government information about medical malpractice in the United States.

Contacting an experienced malpractice attorney is the first thing to do and after the legal expert has heard your story, they can give you their professional opinion about your case and if all looks good, you can set the ball rolling.


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