I had back surgery, and the operation was botched by a spinal specialist. How do I initiate a claim for back surgery malpractice?
How do we begin a lawsuit for back surgery malpractice?
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- Medical Malpractice Basics - Learn about the basic elements of a medical malpractice case.
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- Diagram of a Medical Malpractice Case - Get information on the steps involved in pursuing a medical malpractice claim.
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Answer:
The first step is to locate and contact a knowledgeable and experienced attorney who specializes in medical malpractice law. Prospective plaintiffs should bring their medical records to their first consultation with the attorney.
The malpractice claim must be brought within a specified period of time called a statute of limitations, typically ranging from six months to four years. The attorney will need to establish the elements of medical malpractice by proving duty, breach of the duty of care, injury, and causation. He or she will do so via expert medical testimony and evidence.
In many states, prospective plaintiffs are required to obtain a certificate of merit from a physician who has evaluated the case and attests to the likelihood of medical negligence on the basis of the facts of the claim. The suit is then filed in the court and the defendant served with notice.
Talk to a Medical Malpractice Lawyer about your case to get qualified legal advice and guidance regarding your options to collect compensation and get justice.
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Posted by Yara Zakharia on 05 Apr 2010