Medical malpractice can have grave consequences. If you believe you have a case, it is important to act quickly. Here are the initial steps to take.
Identifying negligence
First, determine if the medical provider was negligent. Negligence means failing to provide proper care. Ask yourself if another doctor would have acted differently in the same situation. Common grounds for medical malpractice include:
- Poor or improper medical care
- Misdiagnosis
- Lack of consent
If you suspect any of these, you may have a claim.
Contact the medical professional
Before filing a lawsuit, contact the medical professional involved. Explain what happened and see if they can fix the problem. Often, they are willing to correct the issue, sometimes at no extra cost. This step can resolve the problem without further action.
If talking to the medical professional does not help, contact the medical licensing board. They can issue warnings and discipline the practitioner. While they cannot force compensation, their actions can support your case.
Get a medical assessment
Medical malpractice claims have time limits known as statutes of limitations. These limits vary by state. The clock starts either when the injury occurred or when you discovered it, depending on the circumstances. Missing this deadline means losing the right to claim damages.
Some states require a certificate of merit to file a malpractice claim. This certificate shows that a medical expert reviewed your case. The expert confirms that negligence caused your injuries. Contact another physician to review your records. They will provide an expert opinion, which an attorney can help you file.
Medical malpractice cases can be lengthy and costly. Consulting with an attorney can help you to understand how to manage insurance companies and navigate legal complexities. They can also help you evaluate your case and guide your actions.