7 Steps to Filing Your Malpractice Claim

This may be self-explanatory, but if you suspect malpractice, immediately get a new doctor. A new doctor will undo the damage from the malpractice, whether you've been misdiagnosed, suffer from bad treatment, or have had complications because of your condition. Your doctor should always have your health as a first priority. Even if you aren't sure if you have a viable case, change doctors so you can have peace of mind.  

Now is the time to get ready for your case. Keep a journal of any side effects or new conditions caused by the malpractice. You can use this evidence as you build your case. Be descriptive and write often so you can accurately document all side effects of the malpractice. 

Medical malpractice is complicated, and you don't want to go it alone. Experienced attorneys will make sure your claim is filed correctly so you have the maximum chance of success. Be sure to get a copy of your medical records to the attorney you choose and then explain your situation in as much detail as you can - perhaps using the journal you've kept during this process. 

Start working with your attorney as quickly as you can. Each state has a deadline for when you can file a claim. Time starts either from the time the malpractice was discovered or when it was committed, so filing your claim quickly will give you a better chance of getting it through to court. 

Your medical records will serve as the main source of evidence for your case. Because they are confidential, you will have to request to share your records with an attorney. Begin this process early because your attorney cannot begin work on your case until they have access to your records. 

Your medical records document everything your doctor has done during your treatment and therefore are an essential part of your case. 

Your attorney will act as a buffer between you and those you are filing a suit against. Don't contact healthcare providers or anyone in the facility to warn them about your malpractice claim. To be extra safe, keep your social media clear of any comments as well, as the defendants may see them. 

The defendant's insurance company could contact you directly once they find out about your claim. Do not speak with them. They may try to twist your words and use them in the case. Let your attorney know if this happens so they can deal with the problem without harming your case. 

Each state has different laws on what you have to do before you file your claim. You may need to sign an affidavit that explains the details and effects of the malpractice. If you don't meet your state's pre-suit requirements, your case may be dismissed before it hits the court. 

After you complete all these steps, you must file the actual complaint in civil court. This is a formal explanation of your allegations against the doctor or hospital you suspect of malpractice. Once you have filed the complaint, the lawsuit can get underway. 

Wegner & Associates prides itself on providing you with skilled attorneys for any personal injury case that you may have. Contact us for a free consultation.