If you've been caused undue harm due to negligence by a medical professional, you can pursue a medical malpractice claim by filing a formal complaint in civil court. In order to do so, you will have to have a third party doctor investigate the details of the case and get a certificate of merit saying that negligence actually occurred. This is done to prevent people from simply filing malpractice claims in an effort to get money for treatment that did not turn out as hoped.
1. Talk to a Medical Malpractice Attorney
It is critical that anyone considering a medical malpractice complaint get qualified legal advice from an attorney with experience in medical malpractice cases. The amount of money involved in these types of claims is usually several hundred thousand dollars or more, so the hospital and/or doctors insurance companies will have their malpractice defense attorneys fight the claim tooth and nail.
2. Get Certification of Merit
Your attorney will have a medical professional on staff or readily available to consult on the details of the case and certify that negligent medical treatment is likely present and that the case is "meritorious".
3. Notify All Involved Parties
The doctor(s), nurse(s) and hospital or clinic will all be notified of the claim, and will in turn notify their medical malpractice insurance providers. At the point, the defense attorneys will begin the discovery process and start building their defense.
4. File the Suit
Once it has been established that the case is meritorious, the complaint can be filed in civil court and the legal process begins. Both parties will have time to complete the discovery portion to determine the strength of the claim.
5. Settlement Negotiations
The vast majority of cases are settled out of court at this point. Primarily because of the costs and risks involved with taking a medical malpractice claim to trial. If the defense will not agree to a fair settlement amount, and the plaintiffs attorney believes that the claim can be successful at trial, then some will make it into the courtroom.
Talk to a Medical Malpractice Lawyer if you believe you or a family member has been injured due to a medical professional’s negligence. You can get a free consultation where you will have a chance to explain your situation and get qualified legal advice.
