These requirements—from sworn testimony by a qualified medical expert to evaluation of your claim by a pre-lawsuit panel—vary from state to state. But those aren't the only considerations to keep in mind if you think you have a valid medical malpractice case. There are certain kinds of injury-related cases that can be handled without professional assistance, but a medical malpractice claim isn't one of them. First off, you need to make sure that your case is filed before the statute of limitations deadline has passed.
Some jurisdictions have more lenient statutes that won't start the "clock" until the date when the medical malpractice injury was discovered , while other states are stricter, starting the clock as soon as the malpractice is committed, regardless of when you learn that you were harmed. An experienced medical malpractice attorney will be familiar with the lawsuit-filing deadline in your state, and will do everything possible to comply with it.
Second, and depending on where your case will be filed, compliance with pre-lawsuit requirements medical expert affidavits, review boards, notices of intent to file sui will determine whether or not your claim will be allowed to proceed.
An attorney who routinely handles medical malpractice cases will have the experience, contacts and procedural know-how to ensure your case is positioned for the best chance of succees. Learn how to find the right medical malpractice lawyer for you and your case. Medical records are usually the best evidence in a medical malpractice case. Due to privacy laws, you will have to sign a release allowing your attorneys as well as any defendants' attorneys to obtain copies of your medical records.
You can get a head start on this process by requesting a copy of your records as soon as you believe you may have a case. Delivering a copy of your records to your attorneys as soon as possible will enable them to start analyzing the case in-depth, and will also allow them to solicit medical opinions from doctors, nurses or other medical professionals who may serve as medical expert witnesses in your case. It is entirely possible, after a thorough review of your records, that an attorney will advise against filing a lawsuit, or opine that your damages may not be the result of a health care provider's medical negligence.
The sooner professionals can review your records, the sooner you'll be able to determine if your lawsuit has a good chance of success. Whether formally or informally, it's often helpful to provide notice of a potential lawsuit to health care providers and their insurance companies. In many cases, this notification triggers an investigation into the facts of the malpractice claims. There are times when it is necessary to go to court, but in cases where a reasonable settlement will allow a family to move forward after a tragic mistake, it might be the best path.
Depending on the jurisdiction in which the case is going to be filed, it may be necessary to obtain a medical certification of the merits of the malpractice claim, which requires a medical expert and a thorough review of the circumstances under which the harm occurred. In addition, it may be necessary to provide specific notifications in advance of filing the suit.
It is imperative to have an attorney who understands the specific requirements of the jurisdiction in which the case is going to be filed because a failure to comply may lead to a dismissal of the lawsuit, with no opportunity to re-file.
The filing of the case marks the beginning of the formal legal action. In most jurisdictions, this means that there is a complaint that is filed, although there are some states where there is an initial filing that acts as a form of notice and then a complaint is filed within a specific time period. The drafting of the complaint is complex because facts have to be pled in a specific way in order to present an effective case overview for everyone who will review the complaint.
Medical mistakes are an unfortunate regular occurrence. Although there are times when an error does not lead to serious harm, when it does, the consequences are usually devastating for the person who was harmed and his or her family. At Stern Law, PLLC, we know how much harm can be done when doctors and other medical professionals commit preventable errors. For more than 30 years, we have focused on getting the compensation that medical malpractice victims need to re-build their lives.
In addition to advocating for our clients, we also prioritize being a resource for those who have been impacted by medical malpractice. We have people available to answer questions 24 hours a day, seven days a week for anyone who has a question or concern.
Call us at or fill out an online contact form in order to learn how we can help you get through this difficult time. I have found the firm so far to be very compassionate and understanding, something that seems to be rare in companies these days, let alone in attorneys.
Chris Nace offered to help us when no one else would. That goes a long way in my book. You must make your claim against the correct person or entity. In some cases, you would sue the doctor directly, but in other cases you might sue the hospital or health care system. In Washington, D. You must make sure that you take action immediately when you have been injured at the hands of a trusted physician or another medical care provider. The Avery Index estimates that Washington, D.
Most are smart and capable. However, when the stakes are high and you are contemplating waging a legal battle to obtain justice when you have been harmed by a medical professional, you want an attorney who has tried cases before and knows what it takes to win. When you have decided to go all in and file a lawsuit, your choice of legal counsel will have a significant impact on your chances of success.
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