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How To File A Medical Malpractice Claim

How To File A Medical Malpractice Claim?

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Medical malpractice cases are sought out by patients who were injured as a result of poor medical treatment or mistaken diagnosis from a medical provider. Medical providers include doctors, nurses, technicians, and hospital or medical workers. Usually, the measure of whether a medical provider is found negligent or failed to provide proper care depends on whether the patient would have received the same standard of care from another medical provider under similar circumstances. 

Health care providers aim to exercise the highest standard of care to all patients, as there will be times where situations go gravely wrong. If you or a loved one has experienced a misdiagnosis, inadequate medical care, or a breach of doctor-patient confidentiality that resulted in harm or injury, you may be entitled to medical malpractice recovery. 

Contact the Medical Professional Involved

Don’t think with your wallet, think about your health first. The first step to starting a medical malpractice case is to contact the doctor or medical professional who works with you before you file a claim. Your main goal should be to understand what went wrong and allow your doctor to determine whether it’s something that can be remedied. In most cases, medical practitioners are willing to perform services, sometimes free of charge, to correct a problem or provide a solution. 

Be Aware of Statutes of Limitations 

When contemplating filing a medical malpractice claim, it’s essential to consider how much time you have to bring the claim legally. All civil claims, including medical malpractice ones, have time limits as to when they must be filed. These limits, called statutes of limitations, require you to file your claim within a certain period of time from when the injury occurred. Otherwise, you risk waving your rights to recover money from your injuries. 

Attain a Medical Assessment

Several states now require patients to file a certificate of merit before pursuing a medical malpractice case to determine that the injuries you suffered resulted from a health care professional’s negligence. To file a certificate of merit, first, you will have to contact an expert, which is usually another physician. Said expert would review your medical records and certify that the original health care provider strayed away from acceptable medical practices, which resulted in your injuries. The attorney that you are working with will file the certificate of merit, which confirms that you have spoken with a medical expert and that your action has value. 

Contact the Medical Licensing Board

If contacting your medical professional doesn’t help the situation, you will have to contact the medical licensing board that governs medical licenses. Although the licensing boards can’t order a medical professional to compensate you, they have the power to issue warnings or disciplinary action to the practitioner. They may also be able to guide you with guidance about the next steps you should take.

Enlisting the assistance of an experienced medical malpractice attorney can mean the difference between receiving compensation for your injuries or walking away empty-handed. Contact Flickinger Sutterfield & Boulton today to get the justice you deserve.