3 Things Required When Filing A Medical Malpractice Claim

Posted on: 13 December 2019

When you see a doctor or medical professional, it is natural to expect to receive care that meets or exceeds set standards of care. Thus, when something goes wrong with your medical treatment, it can be very alarming, especially if you suspect medical malpractice. Patients who have been victims of medical malpractice can file a lawsuit; likewise, a family member may file a lawsuit in the event that medical malpractice leads to a loved one's death. One of the most important things to do in this type of situation is to hire an experienced medical malpractice lawyer to assist you. Continue reading to learn more about the requirements that must be met in a medical malpractice case:

Statute of Limitations

When it comes to medical malpractice lawsuits, it is in your best interest to be prompt. Almost all states have a statute of limitations — in some states, the statute of limitations to file a claim is only several months, while in other states it can be a couple of years. Thus, if you suspect that you are a victim of medical malpractice, it is important to find out the statute of limitations in your state. If you fail to file your claim before the statute of limitations expires, you will have no recourse.

Submission to Malpractice Review Panel

A medical malpractice case is rarely resolved quickly. There are a lot of states that utilize malpractice review panels, and a patient may be required to submit information about their case to the review panel before a formal lawsuit can be filed. After the information is submitted to the review panel, medical experts will go through the evidence and determine whether or not they suspect possible medical malpractice. If a malpractice review panel says that they do not see evidence of medical malpractice, there is a good chance that the court system will throw out the case before it goes to trial.

Availability of an Expert Witness

When your medical malpractice claim goes to court, you need to have ample evidence supporting your case. Medical malpractice cases are notoriously complicated, which is why many states require expert witnesses to testify on behalf of each side. When you hire an experienced medical malpractice lawyer, he or she will take care of finding the right expert witness for your case. Expert witnesses are typically medical professionals who have expertise in an area similar to your type of case. 

Speak with a medical malpractice lawyer if you suspect you may have a case or to learn more. 


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