How to File a Medical Malpractice Claim

Filing a medical malpractice claim is never something you should do on your own. These types of cases are extremely complex and they usually involve testimony from experts and there are always a wide variety of procedural obstacles that you need to know how to avoid along the way.

If you think you have a medical malpractice claim, then this guide will help ensure you do everything you need to do to help improve the success of your claim.

Consult a Medical Malpractice Attorney in Wilmington NC as Soon as Possible

If you believe you are a victim of medical negligence, then you need to consult with a medical malpractice attorney as soon as you can. This is important because malpractice cases are time-sensitive and if you can't get your case filed within the statute of limitations, then you will be out of luck. In North Carolina, the statute of limitations is three years, and the clock starts ticking from the day the negligence occurred.

Another reason you want to have an experienced attorney on your side is because there may be several pre-suit requirements that need to be met before the claim can be filed. Such requirements can range from notices of intent to file to medical expert affidavits. If you aren't able to meet the requirements, then your case will most likely be dismissed.

Obtain Copies of Your Medical Records

Your medical record is one of your strongest pieces of evidence that will help support your case. So, you need to obtain copies of everything. If you are thinking about filing a case, you should start obtaining copies of your records from your medical providers. You can also sign a release allowing your attorneys (and the defendant's attorneys) to obtain copies as well.

The key is getting everything to your attorney as early as possible so he or she has as much time as possible to analyze them and solicit medical opinions from medical experts who may wind up testifying on your behalf in the courtroom.

Notify Insurance Companies or Facilities of Intent to File

Notifying the insurance company or facility of your intent to file can sometimes result in an acceptable settlement being reached before you actually file your claim. Of course, this is another case where having an attorney working on your behalf is recommended because occasionally, such actions might cause an insurance company to try and bully a claimant into settling for a smaller, unfair amount.

File Your Claim with the Courts

Once you have all of your pre-suit requirements completed, you can now draft and file your complaint with the courts. Your complaint is a formal account of the allegations against the defendant doctors and/or hospital. Once the complaint is filed, the lawsuit begins in earnest.

Are You a Victim of Medical Malpractice? Call Bain & Rodzik Today

If you suffered an injury at the hands of a medical professional, help is available. Call Bain & Rodzik's medical malpractice attorney in Wilmington NC today. We have the experience you need and we can help you get the damages you deserve.

Call Bain & Rodzik today at 910-762-1199 to schedule a free initial consultation. We're here to help, so call now! With Bain & Rodzik, you don't pay us unless we win your case.