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How To File A Medical Malpractice Claim?

Medical malpractice is a wrongdoing that has serious consequences. It involves an act of negligence by any certified medical worker that leads to pain or harm. Medical malpractice is sadly one of the most prevalent cases in courts of law across the country. However, this case might not be that easy to file. There are several loopholes in the process. These procedural hurdles include sworn testimony by a medical practitioner attorney and other requirements such as approaching a pre-lawsuit panel to look into your case. All these steps are in place to ensure that the charges are fair.

Even with all these requirements met, there are further considerations you must keep in mind in such a case. We will cite these matters here.

Appoint An Attorney

There are several instances of personal injury which you can file without professional support. However, medical malpractice isn't part of that list. For matters such as this, you will need to appoint a medical malpractice attorney.

In medical malpractice, there is a deadline for filing a case. In legal terms, we call it the statute of limitations. In some states, the counting of this period begins later. It starts from the moment you identify the harm caused to you. However, in other states, this rule is stricter. It commences from the moment of the wrongdoing itself. Hence, there is a chance that you might miss the deadline for filing your case. In such a situation, a medical malpractice attorney will guide you through the processes to make sure you get the compensation you deserve.

Get The Right Documents

The next step is to request the hospital or nursing home for copies of your medical records if you do not have them already. Medical records are of invaluable importance in malpractice cases. They often make up the right evidence. Your job is to send your documents to your medical attorney. They will then review the evidence before passing it on to a pre-lawsuit panel. However, there are privacy laws that you need to follow. According to these privacy laws, you must sign a release stating that you are letting your attorney access these documents.

Negotiate With Insurers

Your next step is making your health insurance company aware of the lawsuit you are about to file. In most cases, this will allow you to receive a sufficient part of your claim before even filing the case. In this step also, the role of a medical malpractice attorney is of paramount importance.

Follow The Pre-lawsuit Procedure

As we have already discussed, medical malpractice cases have a series of pre-lawsuit requirements for your claims to reach court. So, it is a must that you work out these procedures with an experienced attorney. Failure to comply with these requirements might lead to the dismissal of your claim.


The final step of the process involves taking your claims to court. In this step of the process, your attorney will work with you to officially draft and submit your complaint in a civil court.

Author’s Bio

Shrey Jain is the Co-Founder of Writofy & a Chartered Accountant who works with a team of creative content writers. He holds a forte in creating informative content on niches like crypto, business, fintech, digital marketing, and several others. In addition, his willingness to learn and share his knowledge can immensely help readers get valuable insights on varied topics.

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