How to File a Malpractice Lawsuit
Medical malpractice is defined as negligence; it's the failure to act in the same way another prudent medical professional would under the same circumstances. There are some circumstances where injury can't be prevented and wouldn't be considered malpractice. This is not a case where you can be your own attorney and time limits are involved. Here are some tips to help you file a malpractice lawsuit.
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Instructions
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Investigate on your own by visiting the American Medical Association website and the National Institute of Health website for more information about standards of care. Read about your condition and what should have been done. Visit legal websites to ask questions about malpractice lawsuits. Investigate lawyers in your area who specialize in medical malpractice; ask how experienced they are and what their success rate is. Check on the lawyer's credentials by visiting the state Bar Association where you live.
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Gather as much information about your case as you can. Gather medical reports, bills and any costs related to the suspected medical malpractice, including lost wages. Make copies of everything you've gathered for the lawyer before handing it over to him.
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Make a time line and list of your malpractice case. Start at the very beginning and write down appointment dates, doctors' names, referrals to other doctors, lab work ordered, tests ordered and surgeries. Include everything you can think of as it pertains to your case. Make copies of your time line list for yourself before handing it over to a lawyer.
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Choose a lawyer who is experienced in medical malpractice cases after your investigation. Call to make an appointment. Most lawyers don't charge for the first visit. Bring your copies to the initial visit with your lawyer so he can determine if you have a case. If the lawyer determines you do have a medical malpractice case, he will charge you on a contingency fee basis. This means you'll pay his fee only if you win the case. This is in your favor because you have no up front money to pay and the lawyer feels it's a strong case.
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How Do I file a Malpractice Claim In Maine? On My Own?
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Richard Hastings
Dec 29, 2009
You should also insist that the law firm that is interested in your case advance all costs and not hold you responsible for those costs if there is no recovery. -
idlewild29
Dec 11, 2009
I'm there with you dreamsbyday, I have filed the suit myself.
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dreamsbyday
Oct 22, 2009
As a first step, this article may have been useful. We've already done everything on your list. We needed to file before the limitations statute passes, and have been unable to engage a competent, willing med-mal attorney. We've been told (by several attorneys) we do have a case, but no one is willing to take it on due to the complicated nature of the issues. We've found out it does not really matter if negligence is apparent, or provable- the only thing that matters is how much it will cost to litigate. Attorneys are looking for the easy dollar- there is no altruism or justice, involved.
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LynnG3
Jan 10, 2009
Thank You so much, and I have just lost my dad to what I believe may have been this, I am taking all of the necessary steps possible. This article is very helpful.
