Important Steps to Filing a Medical Malpractice Suit

Each year, billions of dollars are paid out in medical malpractice suits in the United States. Until 2012, the amount being paid out had been declining for several years before it started to rise again rapidly. In fact, medical malpractice is so common that it is one of the leading causes of death in the United States. Fortunately, there are things that you can do to avoid being the victim of medical malpractice, but there are still many incidents that you can’t avoid. It’s important to ask questions and stay informed about every aspect of your care.

If you do end up the unfortunate victim of medical malpractice, there are steps that you can take to ensure you are compensated for your experience. Things can be complicated and it’s likely that you may want to get the help of an oklahoma city medical malpractice attorney. Here are a few things you can do to make sure that things go smoothly.

Call an Attorney

This is one of the most important things that you can do as the victim of medical malpractice. In many cases, the attorney may even be able to visit you while you are still in the hospital. If a patient waits too long to file, there is a chance that the suit will not be within their state’s statute of limitations.
There may even be requirements in your state that you have to complete before actually filing the suit. You may need to collect things like medical records, affidavits from medical experts, inform review boards, and notify various parties about your intention to file a lawsuit. This can be difficult to do without the proper experience and a lawyer can make the process easier and less stressful for you.

Notify Insurance and Medical Facility

In some cases, after informing the parties of your intention to sue them, they will offer a settlement to avoid taking the case to trial. While many times the amount offered is acceptable, a lawyer can ensure that you are getting a fair amount for your pain and suffering. The professionals that work for the facility that harmed you are trained to ensure that they have to pay the least amount possible and will try to pressure you into taking an amount that is far less than you deserve to be paid.

Compliance

Due to the high amount of frivolous cases that are filed, states have strict guidelines that must be met before filing suit. States would prefer that these cases be able to be settled outside of court to reduce the amount of litigation that they have to deal with. You will most likely need the affidavit from an expert that can back up your claims.

File Suit

If an acceptable settlement isn’t agreed on, you will have to take the suit to court to be compensated. Your attorney can draft the complaint and file it for you, so the suit can begin. This process can be daunting, especially while you are trying to heal, which is why it is always recommended to seek legal counsel.

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