Steps To Take Before Filing a Medical Malpractice Claim

Medical malpractice can have devastating consequences for a patient and their family members. If you have a claim for malpractice or think you do, your odds of success in the case hinge on taking some important steps. Those steps mostly involve gathering information about the incident.

Basic Requirements

You should first confirm that your claim meets the common legal requirements for medical malpractice. In brief, the requirements are that you had a doctor-patient relationship with the individual, that the doctor was negligent, and that the mistake caused specific damages.

The first step in preparing a case would be to review each of those conditions. Do you have evidence that the doctor was incompetent or careless? Do you have evidence that the doctor’s action caused a specific injury? A medical malpractice attorney Detroit will be able to help you determine if your answers merit filing a claim.

Conditions to File

If the basic requirements for filing a case can be met, the injured party still has to keep certain rules and requirements in mind. The most important thing to remember is the time to file will be limited. You have a set amount of time from the injury or from when the injury was discovered.

You may not be able to file a claim immediately. The first step may be to contact the doctor in writing to notify them a malpractice claim is being made. You may also need to report to a medical malpractice board in the state. The board will review the case and issue a judgement on the doctor’s conduct. A court may use that judgement to dismiss a case, but a finding of malpractice is also important to the court.

Courts recognize the right to compensation for medical bills, pain and suffering, and lost wages or earning power. Victims of medical malpractice can also recover damages for stress and anxiety. However, the victim or a family member needs to make a strong case for compensation by gathering information about the incident.

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