Experiencing a medical injury can leave you feeling frustrated, confused and unsure of your next steps. When the harm results from a medical provider’s mistake or failure to follow proper procedures, it may be appropriate to consider a medical malpractice claim.
Knowing the right actions to take early can help protect your health, preserve important evidence and prepare you for the legal process if you choose to move forward with a case.
1. Focus on your health and treatment
Your recovery should be your first concern. Seek proper medical attention from a different provider if necessary to address any complications caused by the original care. Receiving the right treatment helps stabilize your condition and documents the impact of the original medical error.
2. Gather records and personal notes
Begin collecting your medical records as soon as possible. This includes test results, prescriptions, discharge instructions and billing statements. Write down your experience in detail while it is still fresh. This can help identify when the problem started and how it developed.
3. Learn how much time you have to file
Medical malpractice cases are accompanied by strict filing time limits. These deadlines vary by state and are based either on the date of injury or when it was discovered. If you miss the filing window, you may lose the chance to recover compensation.
4. Request a review of your case
Some medical malpractice cases may require an independent medical review before filing a case. This involves having another qualified medical professional examine your records and provide an expert opinion about whether accepted standards of care were followed.
5. Explore your resolution options
Not every medical malpractice case needs to go to court. Some cases settle out of court through negotiation. Settlement may reduce costs and bring closure sooner. Whether you choose to settle out of court or proceed to trial, understanding the available options can help you decide on the best way forward.