How Do I File a Medical Malpractice Claim?

A medical malpractice claim requires many procedures along the way before the filing can take place. A medical malpractice claim comes to the surface when a medical professional denied their patient the acceptable standard of care that resulted in their injury. A variation of jurisdiction prerequisites, pre-suit filing, and expert testimony might be required when filing a medical malpractice claim.

A person who plans to file a medical malpractice lawsuit must adhere to the following requirements before attempting file a suit in order to secure a better outcome for their case. The malpractice Orlando attorneys at Percy Martinez Law firm know the exact requirements that need to be accomplished in order to have a solid case that leads to victory. Every person who suffers by another’s negligence should have all their damages paid for. The firm advises the following steps:

Get in touch with a personal injury lawyer in a timely manner

• Medical malpractice cases should not be handled alone. Medical malpractice cases are very complex and require someone who knows the laws that are involved with it. Seeking legal counsel is beneficial for medical malpractice cases. A personal injury lawyer knows the statute of limitations associated with the specific malpractice case. They are the best resource in determining what needs to be done and how to do it. Some states require specific requirements that must be met before a claim can even be filed. A person who has no experience or legal knowledge might not be able to do it alone.

Get copies of all documentation

• Physical documentation is the best form of evidence in any case, not just medical malpractice. Having proof of the injuries sustained, when it was sustained, how it was sustained, etc, are what can make or break a case. Obtaining copies of the plaintiff’s medical records is essential for a strong case. The plaintiff might have to sign a release that allows their attorney to obtain such information due to the privacy laws involved. The lawyer can analyze the case in-depth once they obtain these copies. They will be able to analyze extensively and will allow them to seek the option of a medical expert. The more evidence that presents itself, the better it will be for the plaintiff’s

 

Let the insurance companies know

• When insurance companies are notified, they might perform their own internal investigation that can trigger a settlement before even going to court. Although this may sound good, the plaintiff needs to make sure that the settlement is reasonable before accepting anything. Once an agreement has been made, the plaintiff will be unable to file for their injury in the future if they are not happy with the settlement amount. Insurance companies will try to pay the least amount of money as possible.

Follow the pre-suit notice requirements

• Many states now require notice requirements when filing a medical malpractice claim. If these requirements are not met, many states will have grounds to dismiss the case just off of that. These requirements are in place in order to encourage settlement and to try and reduce the amount of money spent. When a physician knows they will not win a case, they will most likely settle before even going to court.

Filing the claim

• The last step is the actual formation and filing of the medical malpractice claim. This claim will have the allegations against the party in question. The lawsuit begins once the claim has been filed. Because filing a medical malpractice case can be difficult, seeking the assistance of a medical malpractice lawyer located in the Orlando area is the best thing to do before filing a claim. The lawyers at the Percy Martinez firm are ready to win in the name of their clients.