Need To Take Action Against Doctor’s Errors? We’re Here To Help
If you suspect that your doctor has made an ethical or expertise error that has caused you or your loved one significant injury or damage, then you may be a victim of medical malpractice. Patients who have suffered due to their doctor’s mistakes stand a chance to gain compensation by filing a medical malpractice lawsuit. Hastings Law Firm in Florida has an excellent reputation for diligently representing clients in medical malpractice lawsuits.
Filing a medical malpractice suit is not as complicated and expensive as you may think. Many patients hesitate to take action after negligent medical care because they do not know where to begin. This post will briefly outline the procedure you will need to follow when attempting to file a medical malpractice lawsuit.
Take Advantage Of Free Case Consultations
Many leading medical malpractice law firms and lawyers offer free case consultations, which you can use to learn more about the road ahead. Medical malpractice cases are more complex than other kinds of personal injury claims because they involve very technical filing procedures, legal concepts, and medical evidence. It is challenging for you to determine the strength of your case, chances for compensation, and the procedure without professional help.
During the free consultation, we will evaluate the unique circumstances of your case and inform you of the potential strengths and weaknesses. You can also use a free case consultation to determine the legal fees involved and any payment plans available to you.
Negotiate A Contingency Fee-Based Representation
If you get positive feedback on the details you share during your free case consultations, then you should seriously consider proceeding with the medical malpractice lawsuit. It is essential to file your lawsuit as soon as possible after the alleged doctor’s error or after you discovered the effects of the error. A contingency fee-based representation means that your lawyer’s fees will be paid out of the jury award or out of court settlement.
Acting promptly is crucial because medical malpractice suits are barred by a statute of limitations and cannot be pursued after the expiry of the set period. Once you are sure that you have a solid case, it is easier to compare the different terms offered by the law firms you visited and negotiate a good deal with the one you trust most. A contingency-based fee will guarantee that you do not have to pay steep lawyer’s fees if your lawsuit does not succeed.
Obtain Medical Records
Before we can begin drafting the legal strategy for your medical malpractice case, we will need to gather all relevant medical records. Your healthcare provider is legally obliged to store and provide, upon request, all your medical records dating back several years. Medical records are the foundation for your medical malpractice case, and it is critical to get them evaluated by expert witnesses who will testify on your behalf in court.
Determine Whether The Error Was Caused By The Hospital, A Doctor Or An Independent Contractor
Medical malpractice suits are very complex and require expert training to argue and prove successful. Simply because a doctor acted negligently in a hospital does not necessarily mean that you can successfully sue the doctor or the hospital. It is possible that the doctor’s error was due to a mistake in test results performed by an independent laboratory, which in this case would be the subject of your medical malpractice lawsuit.
The success of your medical malpractice lawsuit will depend on who you decide to sue. Based on the facts of your claim, we will determine which of the involved parties is the most guilty and, therefore, best to name in the lawsuit.
Follow The Procedural Rules
Most states have procedural barriers that patients and lawyers must cross before filing medical malpractice lawsuits. These barriers vary from state to state, but they are all put in place to avoid clogging the civil courts with invalid lawsuits. Your lawyer will offer precise advice on the kind of procedural rules your state has in place for medical malpractice suits.
An affidavit of merit requires a patient to file a document in which a certified medical expert attests that you have a valid claim. Alternatively, you may be required to file your claim with a medical review board that will either approve it for filing in court or call for alternative dispute resolution attempts before filing the suit.
Compile And File Complaint
After you decide to file a lawsuit and pass all the procedural barriers, we will draft a complaint that describes how the injury happened, names the parties responsible, detail the harm caused, and states the amount of money you expect as compensation.
