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How to File a Medical Malpractice Claim
Each year, acts of medical malpractice cause countless injuries and claim lives. If you’ve been affected by medical malpractice, consult with an attorney to determine if you may have the basis for a lawsuit. Before medical malpractice lawyers can file a claim, they will evaluate whether certain elements are present in your case and they will conduct a thorough investigation of the incident.
Meet with Your Attorney
When you go to the initial consultation with your medical malpractice attorney, bring along any documents that are relevant to your case. These may include your medical records, copies of correspondence with physicians, and receipts for related expenses. Be prepared to provide a summary of what happened and a general timeline of the events. You could also ask the attorney any questions you may have about your case and the civil litigation process.
Do You Have the Basis for a Claim?
One of the first factors your attorney will consider is whether you have the basis for a claim. In order to file a claim against a health care provider, you must first prove that a doctor-patient relationship existed. Generally, this is established through medical records. Another element that must be present in medical malpractice cases is that the doctor was negligent in some way. Medical negligence is broadly defined as a breach of the standard of care . In other words, did your physician follow protocols that any other healthcare provider would have under similar circumstances? If not, then did the breach of the standard of care result in an injury to you? You can only sue for medical malpractice if you can demonstrate that medical negligence resulted in specific damages or losses.
Obtain a Certificate of Merit
Before your attorney can file a malpractice lawsuit, you may need to obtain a certificate or affidavit of merit, which is now required in over a dozen states. Typically, this involves having a neutral healthcare provider review your medical records and sign the affidavit. This provider must have credentials similar to those of your provider. He or she must also agree that your provider breached the standard of care and that this resulted in your injury.
If you or your loved one needs a medical malpractice lawyer, Paul Weber may be able to help. He has recovered millions of dollars for his clients. While nothing can alter the life-changing impact of such an injury, Annapolis law firm Hyatt & Weber is committed to helping you obtain maximum compensation. For a complimentary consultation, call 888-901-3523, fill out our contact form , or send an email to email@example.com.