There are plenty of hoops to jump through when it comes to medical malpractice. To make the decision of whether or not you should file a little bit easier, we have compiled the five steps you need to take before you move forward with your case.
1. Consult an Attorney Immediately
There are plenty of cases that are relatively easy to manage on your own without the help of an attorney, but when it comes to medical malpractice, you should definitely hire the best you can find. They can ensure you meet all of the legal requirements for filing suit like meeting the statute of limitations, medical expert affidavits and filing all of the information in a timely manner.
2. Get Copies of Your Medical Records
These are the best source of evidence in the case, and without them you likely won’t have a case at all. You will need to sign a release for your attorneys to obtain your records, or take a proactive approach and get them yourself when you feel like you have a case.
3 Notify Insurance Companies and Hospitals
Sometimes hospitals and insurance companies are willing to settle a case before you even file suit. By contacting them first, whether formal or informal, your attorney will determine if there is an opportunity to avoid the added expense and delays of a lawsuit.
4. Comply with all Pre-suit Requirements
Many states, including Florida, require formalized notice for medical malpractice claims. The idea is that if a doctor or appropriate medical expert cannot support your case, it is very unlikely that the case can be justified. Unfortunately, this measure has been implemented to burden patients who have suffered injury and force them to incur more delays and expense when bringing medical malpractice cases.
5. File the Medical Malpractice Complaint
Your lawyer will draft a formal written account of the allegations against the defendant doctors and hospitals. Once that is filed, the lawsuit has begun.
Source: Medical Malpractice