Filing a Medical Malpractice Lawsuit Without an Attorney
It is daunting to file a lawsuit without the expertise of a knowledgeable attorney. Here are the steps of filing a medical malpractice lawsuit without an attorney.
Contact the relevant medical licensing board and the medical professional to file a medical malpractice lawsuit officially. Know the process of filing a medical malpractice lawsuit.
What is a Medical Malpractice Lawsuit?
Suppose a form of medical treatment or mistake from a medical provider injures a patient. In this case, the patient can file a medical malpractice case to receive a remedy for the damages caused.
Example situations falling under the category of medical malpractice include:
- Any form of poor medical care,
- Lack of consent, and/or
- Breach of doctor-patient confidentiality.
A medical malpractice suit for recovery is applicable if any of the above has caused individual harm or injury. Typically, the measure of if the patient would have received the same standard of care from another medical provider under similar conditions.
Contacting the Medical Professional Involved
The first step to filing a medical malpractice case is contacting the medical professional responsible before filing a claim. Often, medical providers offer their services free of charge to correct a problem or provide a solution.
A medical malpractice lawsuit is a severe matter for their career; it is important to contact them to understand the situation before filing a medical malpractice lawsuit. Contact the relevant medical licensing board if the medical professional does not remedy the situation. The board can issue a warning or discipline to the practitioner and provide individual guidance about the following steps to a medical malpractice lawsuit.
Related: Indecent Exposure Laws By State
Steps to File a Medical Malpractice Lawsuit Without an Attorney
The first step to filing a medical malpractice lawsuit is understanding how long an individual must file the claim legally. All civil claims have legal time limits called the statutes of limitations which require individuals to file a claim within a certain period when the injury occurred.
Check the statutes of limitation in each state to ensure the period of filing a medical malpractice lawsuit does not run out.
1. Obtain a Professional Medical Opinion
An increasing number of states require patients to file a “certificate of merit” before filing a medical malpractice lawsuit to confirm the injuries and harm suffered directly resulting from a health care professional’s negligence.
To file a certificate of merit, contact another medical expert to review medical records and verify the health care provider in question deviated from accepted medical practices, which directly resulted in harm.
2. Considering a Settlement
Medical malpractice lawsuits are timely and costly. Most medical malpractice cases result in a settlement outside the court. Additionally, medical malpractice insurance companies reject many claims. Therefore, depending on the circumstances of the medical malpractice case, the best solution is often to settle out of court.
3. Hiring a Medical Malpractice Attorney
Finding a qualified medical malpractice attorney is the best way to ensure a person receives justice for medical malpractice. An experienced attorney can assess the strengths and weaknesses of a case to determine the best course of action. An individual should contact a Her Lawyer’s medical malpractice attorney to begin. Her Lawyer’s medical malpractice attorneys do not charge clients a dime if the case is unsuccessful.
FAQs About How to File a Medical Malpractice Lawsuit Without an Attorney
What Will a Medical Malpractice Lawyer Cost?
Medical malpractice attorneys usually represent plaintiffs on a contingency basis, which means the attorney’s payment comes as a percentage of what the plaintiff receives as a settlement or from a successful lawsuit. Contact a Her Lawyer attorney; our experienced lawyers do not charge plaintiffs unless they win your case.
What is the most important type of evidence in a medical malpractice case?
In many malpractice lawsuits, the patient’s medical records are most important because determining the merit of a malpractice case relies on the contents of the patient’s medical records.