If you believe that you or a loved one has been the victim of medical malpractice, you may be wondering how to start a claim.
Medical malpractice occurs when a healthcare professional deviates from the accepted standard of care, resulting in harm to the patient. If you believe that you or a loved one has been the victim of medical malpractice or birth injury, you will need to take specific steps to initiate a claim.
What Are the Steps for Initiating a Medical Malpractice Claim
1. Determine if You Have a Case
The first step in initiating a medical malpractice claim is determining if you have a case. You will need to consult experienced medical malpractice lawyers to do this. During your consultation, your attorney will review your medical records and determine whether or not you have a viable claim.
2. Gather Supporting Documentation
If your attorney determines that you have a case, the next step is to gather supporting documentation. This documentation may include medical records, bills, and expert testimony. Your attorney will use this documentation to build your case and prove that the defendant was negligent.
3. File a Complaint
Once you have gathered all the necessary documentation, the next step is filing a complaint with the court. This complaint will outline your allegations against the defendant and request damages.
4. Serve the Defendant
After you have filed your complaint, you will need to serve the defendant with a copy of the complaint. The defendant then has a certain amount of time to respond to the complaint on medical malpractice lawsuit.
5. Discovery Process
After the defendant has been served, the discovery process will begin. This process allows both parties to gather information from each other through written questions, depositions, and requests for documents.
6. Trial Preparation
Once discovery is complete, both parties will begin preparing for trial. This preparation may include selecting jury members, interviewing witnesses, and preparing exhibits on a medical error.
If both parties cannot reach a settlement during discovery or trial preparation, the case will go to trial. During the trial, each party will present their evidence and argument to a judge or jury, who will then render a decision in the case.
We Can Help
Our law firm could help you if you or a loved one were the victims of medical malpractice, brain injury, or medication mistake. We have experience handling these cases and can help you get the compensation you deserve. Contact us today to learn more about how we can help you.