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Medical Malpractice: How to File a Claim

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It might be difficult for many people to accept that medical malpractice is the third most common cause of death in the United States.


A 2013 study mentioned in the Journal of Patient Safety discovered that between 2010,000 and 440,000 patients die annually due to medical negligence.

However, if you’ve decided to bring medical malpractice against a doctor, you must be ready to jump through several procedural hoops without which this kind of claim cannot exist.

Make sure you thoroughly understand the concept of malpractice because some mistakes do not amount to the medical malpractice. So apart from bringing a claim, you must have some steady grounds to sustain your case.

Talk to a Medical Malpractice Attorney

One must take into consideration that only certain cases of injuries can be handled without professional assistance, but medical malpractice is what requires professional medical support.

In order to prove your case, you must complete your file before the order of limitations deadline has passed.

While some jurisdictions won’t impose a limit time until the injury malpractice has been discovered, in some states, they start the clock as soon as the injury is committed, regardless of where you’ve found out this information.

Keep in mind that without an experienced medical malpractice attorney you cannot proceed with your case.

Experienced medical attorneys such as Stable Ellis, are familiar with the lawsuit in your state, thus they will do everything in their powers to comply with these laws and protect you.

Getting in touch with a medical malpractice attorney may take the burden off your shoulders since they routinely handle these cases and oftentimes, they have the necessary experience, procedural know-how and contacts to ensure your rights are respected.


Get Copies of Your Medical Records

Most probably you’ve heard it before, but medical records serve crucial evidence in a medical malpractice case.

Because some privacy laws may differ from one state to another, you’ll have to sign a release and allow your attorneys to use your medical records and work on your case. To save some time and, make sure you ask for a copy as soon as you identify your situation.

Thus, allowing your attorney to work with your records as early as possible will offer you an advantage because they’ll have more time to analyse the case in-depth and even ask for more medical opinions from other medical professionals who may serve as witnesses in your case.

Filling the Malpractice Complaint

Before filling your complaint make sure you deliver notice of the potential lawsuit to your healthcare providers and their insurance companies. Here the presence of a lawyer is highly necessary so make sure you won’t skip this scenario.

In the final step of your case, you’ll have to draft and file the complaint in civil court. This complaint comes as a formal recitation of your legations against your healthcare provider.

Filling a medical malpractice claim isn’t an easy job, a reason why you should get professional help as soon as you’ve noticed some irregularities.

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