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Do You Have a Case for Medical Malpractice? Here’s How to Pursue It

Medical malpractice takes various forms, but it basically involves being injured or harmed due to a mistake from a medical provider, like a doctor, nurse, hospital, or nursing home, or from poor medical treatment.


Medical malpractice can include misdiagnosis, a breach of confidentiality that results in harm, a lack of consent, and much more.

When a medical provider is negligent or fails to provide proper care and it results in harm or an injury, you probably have a case for medical malpractice in which you can pursue compensation.

But how do you go about pursuing a claim?


Contact the Medical Professional Who Caused the Issue

Your first step should be to contact the individual or organization that caused the medical malpractice.

You can then get a better idea of what actually went wrong, and the medical professional or organization may be able to take steps to correct the mistake or find another solution, depending on the nature of the incident.

Get in Touch with the Relevant Medical Licensing Board

If contacting the medical professional doesn’t resolve the issue, it’s best to get in touch with the relevant licensing board.

You won’t be able to actually receive compensation from the licensing board, but you should be able to get guidance about what your next steps should be.

Contacting the relevant medical board also enables the party responsible for the medical malpractice to receive disciplinary action, which will go some way to holding the person or organization accountable for the negligence or improper care.

Obtain a Certificate of Merit

In many states in the U.S., although not all, you’ll need to file a certificate of merit before you can begin to legally file a lawsuit against the party liable for your injury or harm.

The reason for obtaining the certificate is to determine that the injuries you suffered actually resulted from the negligence of the healthcare professional or organization.

You should contact an independent doctor to get the ball rolling. He or she will be able to review your electronically-stored medical records and certify that the healthcare provider did indeed cause your injuries by deviating from accepted medical practices.

Next, you need to contact a lawyer to file the certificate of merit. You then have proof that your legal action has merit.

Contact an Attorney

Whether you’re in a state that requires a certificate of merit or not, you’ll need to contact a lawyer to help you explore your legal options and assist you in pursuing a claim so that you can maximize the amount of compensation you could receive from the lawsuit.

An experienced lawyer will be able to discuss the strengths and weaknesses of your case and advise you on the best course of action to take. For example, you could pursue an out-of-court settlement.

Also, ensure the lawyer you hire has experience in handling your specific type of medical malpractice case. For instance, if birth injuries to your child were caused by medical malpractice, look for a local birth injury attorney.

Find Out How Long You Have to File a Medical Malpractice Claim

Medical malpractice claims are civil claims, which means there’s a time limit for filing your lawsuit. Therefore, the sooner you take the above steps, the better.

Statutes of limitations can vary from one state to another, so be sure to find out what the time limitations are for your specific state.

If you don’t file your claim in time, you risk waiving your rights to be able to recover financial compensation for your injuries.



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