How to a File a Medical Malpractice Claim

Updated on August 12, 2019
How to a File a Medical Malpractice Claim copy
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The medical industry is the third leading cause of death in the United States. 250,000 deaths – and an unreported 200,000 more – are a result of malpractice. That’s not including the other million patients that doctors butcher under their scalpel.

Oh, snip-tuck, that’s a lot of people. The medicinal community is a rich oligarchy that most victims can’t defend against. They either lack the means or the know-how.

Victims shouldn’t let doctors or surgeons get the better of them. They should be accountable for their misuse of a patient’s trust. Here’s how to fight back with a medical malpractice claim.

Consult a Lawyer Immediately

Like any case, you’re fighting a clock. There are Statutes of Limitations that protect doctors from fraudulent claims.

Statutes are a time-limit in which you can file claims. Every state has a different period of time that a plaintiff can file a case. Some of these clocks start ticking right at the instance of injury.

It’s vital to get in contact with a medical malpractice lawyer. If you have an inkling of a belief that a doctor mistreated you, report it immediately. Don’t let time run out.

Do not try to handle a malpractice instance alone. There’s a lot of red tape that only experienced professionals can cut. Find some of the best professionals at

Medical Records: Important Evidence

Now is your turn to act. You’ve let an attorney pave the path for a suit. But they’ll need solid evidence to successfully navigate that path.

The most powerful artillery in your arsenal in the fight are your medical records. But they’re sealed away behind a gate of forms that you need to sign. When released, lawyers from both sides have access to them.

Your attorney will analyze the documents, usually under the guidance of trained doctors. This is the climax of your epic.

Your team may find substantial reason to pursue a claim. However, they may advise against it. Depending on the records, they’ll determine if your injury is or isn’t a cause of malpractice.

Settling or Filing a Medical Malpractice Claim

It might be advantageous to settle. It isn’t the most alluring thing to consider, because who wants to settle? But, like with everything, there are pros and cons.

A court case is a long, arduous journey. It’s a time sink that doctors and patients alike don’t like to endure.

Settlements are also the risk-free alternative to a case. Medical insurance companies – the ones protecting hospitals and doctors – throw out a lot of claims. If you don’t settle and face rejection, the only thing you’ll have to show for it are your injuries.

If you believe your claim truly holds water, and your lawyer agrees, then don’t settle. It’s largely a tactic used by the insurance companies to prevent enormous loss. Don’t let them bully you into thinking you don’t have a case.

Get What’s Owed to You

There’s a lot of death and injury at the hands of those that swear against it.

When a doctor or hospital has wronged you, consult a lawyer immediately. You’re fighting them and a clock.

Take initiative early and sign for the release of your medical records. They’re imperative evidence in a medical malpractice claim.

Consider a settlement if you and your lawyer are unsure of victory.

If you’re interested in healthcare and the business around it, check out other featured posts.

The Editorial Team at Healthcare Business Today is made up of skilled healthcare writers and experts, led by our managing editor, Daniel Casciato, who has over 25 years of experience in healthcare writing. Since 1998, we have produced compelling and informative content for numerous publications, establishing ourselves as a trusted resource for health and wellness information. We offer readers access to fresh health, medicine, science, and technology developments and the latest in patient news, emphasizing how these developments affect our lives.