Hospitals are meant to be places of healing. You don’t want to think about adverse outcomes of your treatment, but in the event that it happens, be prepared! Learn the first steps before filing a medical malpractice lawsuit just in case you have the occasion to use them. Advocate for yourself, both in the hospital and in the courtroom.
Gather Information
Before you take any legal steps, have a talk with the doctor you suspect committed the malpractice. Let them know what problems you experienced and ask if there are medical solutions. Most of the time, if your doctor knows about the mistake, they’ll do what they can to remedy it.
If your doctor denies that any negligence or mistakes occurred and doubles down on their treatment plan, contact a medical malpractice attorney. Lay out your case before them and spare no detail. Ask them for advice: do you have a malpractice case? What can they do to solve your medical and financial woes?
Put Together a Medical History
Obtain copies of your medical records to be entered into evidence. You’ll want the court to get the whole picture of your hospital ordeal, and that includes your own history.
It’s also wise to have a timeline of your hospital stay on hand. What were the circumstances and events surrounding the alleged malpractice? Keep a list of every treatment and procedure you underwent during your stay.
Many states require a “certificate of merit” for a medical malpractice case. It confirms that you do have a medical problem that was caused by a professional’s neglect or malpractice. Visit another doctor for a physical exam, and have them look at your medical history to confirm that your doctor deviated from accepted medical practices when they treated you.
Notify Your Insurance Company
Let your insurance company and the hospital where you were treated know that you are in the process of filing a malpractice suit. Your attorney will be crucial in negotiating with the insurance company.
Often, an insurance company will want to settle out of court, but make sure they are offering you the settlement you deserve. Keep a record of all the medical expenses you accrued due to the alleged malpractice, and make sure you’re being compensated for all of them. If you don’t feel that their settlement offer is fair, work with your attorney to formally file a malpractice suit.
Before you file a medical malpractice lawsuit, make sure you’ve got all the relevant information in front of you. Your attorney will need a great deal of information from you, so start gathering it now to expedite the lawsuit process. Review the first steps before filing a medical malpractice lawsuit as you decide whether to take your case to court.
