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First 6 Things to do Before Filing a Medical Malpractice Lawsuit

While the majority of healthcare providers strive to apply the highest standard of care for all of their patients, there are unfortunately instances when things can go wrong. If you or a loved one has experienced incompetent medical care, misdiagnosis, lack of consent, or breach of doctor-patient confidentiality that has resulted in harm or injury, you may be qualified to receive medical malpractice compensation.

Below are the 6 steps you must complete before filing a medical malpractice lawsuit.

1) Reach Out to the Medical Personnel Involved

Contact the medical professional you believe to be at fault. Try to understand what may have gone wrong during your care and discuss with your doctor whether it is something that can be corrected. In most cases, medical providers are prompt to perform services (sometimes for free) to fix a problem or provide an alternative solution.

2) Contact the Relevant Medical Licensing Board

If contacting the medical professional does not supply you with any solutions to your pain and suffering, you may want to contact your state’s medical licensing board. Unfortunately, licensing boards cannot require the professional to repay you, but they can issue public warnings to the practitioner. They may also be able to provide you with guidance about your next steps filing a claim.

3) Know Your State’s Statute of Limitation

All personal injury lawsuits, including medical malpractice, have time deadlines, called, “statutes of limitations”. These deadlines dictate how long after the accident your case remains valid in court. Review your state laws to ensure the time period for filing your claim does not expire, leaving you without compensation.

4) Get a Medical Assessment

Depending on the state you live in, you may be required to file what is commonly known as a “certificate of merit”. To file a certificate of merit, you first need to contact an expert (commonly another physician) who is willing to evaluate your medical records and verify that the original health care provider strayed from common-practice medical practices, which resulted in your injury. The attorney that you hire will now file the certificate of merit, which confirms that you spoke with a medical expert and that your action has merit.

5) Consider an Out-of-Court Settlement

Medical malpractice lawsuits are often long and expensive, which is why most of these types of cases are settled outside of the courtroom.

Insurance companies also tend to reject a large portion of medical malpractice claims. It may end up being in your best interest to settle out-of-court or risk not having your case heard at all. But that does not mean settling for less than you think you deserve. If you believe you have a strong case, then you should seek higher compensation.

6) Contact a Medical Malpractice Lawyer

Located in Schaumburg, Illinois, is a team of experienced medical malpractice lawyers. They have over 50 years of combined experience working with personal injury law and medical malpractice lawsuits in Greater Chicago land area. Working with the right attorneys can be the difference between receiving your rightful compensation and walking away with nothing.

At, we don’t get paid unless you get paid, so don’t waste any more time. Call us today at 888-841-4878.

Why People Choose Us:

  • 50+ years of combined experience in personal injury law
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