What is the first step in pursuing a medical malpractice claim?
Medical Malpractice Lawyer Ft. Lauderdale, FL
Pursuing a medical malpractice case might seem a bit daunting, especially if you are not familiar with the procedures and laws. In general, it is extremely risky to handle a case like this on your own. By working with the medical malpractice lawyer Ft. Lauderdale, FL trusts, you are able to work with an experienced and dedicated lawyer who has your best interest at heart. If you would like to know more, contact Needle & Ellenberg, P.A.
What is the first step in pursuing a medical malpractice claim?
Medical malpractice claims or lawsuits are typically filed by a patient, or their family member, who has suffered an injury or died because of poor medical care from a medical provider. To determine whether or not medical malpractice has occurred, a Ft. Lauderdale medical malpractice lawyer may assess the situation to see if another medical provider, in the same profession, would have exercised the same standard of care in a similar circumstance.
Most medical doctors, nurses, technicians, hospitals, and other providers or entities, exercise due caution and the highest standard of care for their patients. However, sometimes mistakes happen and a catastrophic incident can occur. If poor medical treatment, misdiagnosis, failure to consent, a breach in confidentiality, or other error has happened, you may be able to recover compensation.
The following steps are the first that should be taken following an act of medical malpractice:
- Understand What May Have Gone Wrong
It might help to have an understanding of what went wrong before you proceed with a claim. This may allow your doctor to determine if the issue can be remedied. Often, when something goes wrong, and a doctor owns up to it immediately, he or she will perform services free of charge to correct the issue.
- Contact the State Licensing Board
Licensing boards do not provide compensation, but they can issue warnings, take disciplinary actions, and revoke licenses. It can help to file a complaint against the negligent party with the board. They may also be able to provide you with guidance about what to do next.
- Know the Deadlines to Filing a Claim
There are statute of limitations for filing a medical malpractice claim. This is often between two and three years from the date is happened, but will vary by state and other circumstances. If you miss the statute, you risk waiving your rights to recovering compensation. A benefit of working with a Ft. Lauderdale medical malpractice lawyer is that they know the regulations and time limits and will ensure your claim is filed appropriately.
- Get a Medical Assessment with a Third Party
Many states require potential medical malpractice patients to file a certificate of merit prior to taking legal action. This confirms (or does not confirm) that injuries occur because of a medical professionals negligence. It will also detail the extent of the injuries and their severity.
To file the certificate of merit, you may need to consult another doctor who is not affiliated with the alleged negligent doctor. This doctor may review your medical records and certify that you were harmed by a medical malpractice error. A medical malpractice lawyer from our Ft. Lauderdale firm can then file the certificate of merit; thereby, confirming your case indeed has merit.
- Consider Out of Court Mediation or Arbitration
Medical malpractice cases often require large amounts of time and money which is one of the primary reasons most are settled out of court. Before you think about turning down all offers, with the intention of going to trial, you should talk with your lawyer about the realistic odds of a jury and judge siding with you.
- Contact a Medical Malpractice Lawyer
This step does not have to be the final step. In fact it can be the first. You can and should call the top medical malpractice lawyer Ft. Lauderdale, FL can provide as soon as you believe a medical error has been made. Working with a qualified lawyer from Needle & Ellenberg, P.A. can mean the difference between getting nothing and receiving maximum damages for your pain and suffering. Contact Needle & Ellenberg, P.A. today to schedule a consultation.