How To File A Medical Malpractice Lawsuit: The Step-by-Step Process


Medical malpractice can sometimes lead to death, not only in the US but around the globe. Therefore, the medical community must be kept honest and engaged in practicing safe medicine.

You can do this by holding negligent medical practitioners accountable. The only way to go about this legally would be through lawsuits. So you must know how to file a medical malpractice lawsuit.

Below are the steps to filing a medical malpractice lawsuit. Let’s begin:

Consult your lawyer

When involved in a medical malpractice lawsuit, the first thing you should do is consult your lawyer since you might not be aware of the law as much as the one who practices it. Your lawyer would be able to help you file your claim as needed.

In some cases, you would need to file a medical malpractice case to the state statutes before you run out of limited time. These are some of the things getting a lawyer would help you resolve.

The limitations of law for medical malpractice usually vary by state. But, if you want to find out what the statute of limitations is for Atlanta, you can consult an Atlanta personal injury lawyer on medical malpractice.

Consult your insurance company

Consulting your insurance company and the hospital where you received your injury is the next step that you should take. Finally, you should notify both organizations of your malpractice suit. This should help you get reviews and coverage and get a settlement out of court.

Also, it would be best if you discussed any early settlements with your attorney. Insurance companies usually prioritize their benefit or profit and might offer you way less compensation than you are entitled to or deserve.

Get your medical record evidence

Medical documentation of records is vital to filing a medical malpractice lawsuit. The content of your medical records can be beneficial or break your case. Concerning privacy laws, you may have to sign a waiver that would allow your personal injury lawyer, alongside your defendant lawyer, to get copies of your medical records.

With your medical records, your lawyer would be able to ascertain your chances of success. Then, all that is left is to gather witnesses based on findings within your record and begin filing procedures.

File your complaint

Usually, the last step involves filing your complaint, outlining your reasons for filing, and listing the defending doctor or hospital you have accused of medical negligence. Filing your complaint begins your medical malpractice lawsuit.

Like other filings, medical malpractice filing may involve complications in registering a complaint. You should consult a professional personal injury lawyer who specializes in medical malpractice cases. Your case might result in reduced compensation, unfair settlement, or dismissal if you fail to do so.

Wrap Up

The difference between walking away empty-handed and receiving your deserved compensation lies in filing a professional medical malpractice attorney. Hiring an experienced attorney ensures that your strengths and weaknesses are adequately outlined before giving you advice on your next course of action.

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Medical Disclaimer

The information provided on this website is for general informational purposes only and should not be considered medical advice. The content on the website is not intended to be a substitute for professional medical diagnosis, treatment, or advice. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition.


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