Get Ahead in Your Personal Injury Case

Getting Your Medical Malpractice Case Started

26 December 2018 by Kenneth Pierce

If you, or a loved one, has suffered harm during a medical procedure or hospitalization, you might be considering a lawsuit. Medical malpractice suits are meant to provide financial compensation to victims of carelessness, negligence, failure to warn, and other forms of medical malpractice. While medical malpractice is a form of personal injury law, it deserves its own category. Not every personal injury attorney practices medical malpractice law, and the filing procedures can be different. Read on to learn more.

Tort Reform and Medical Malpractice Insurance

With an ordinary personal injury case, you can proceed to the courthouse and file the lawsuit without having to take other actions. With all cases, the initial action is known not as a lawsuit but as a "complaint" and is filed in civil court. The complaint details the reasons the action is being brought and the ways the victim has been harmed. For medical malpractice actions, you can sue an individual, such as a physician, or a medical facility, such as a hospital. The target of the complaint is known as the defendant and they will receive a copy of the complaint.

Medical malpractice claims, however, are subject to various additional measures before you take those actions. This type of lawsuit falls into the category of torts. So-called tort reform measures have caused states to adopt procedures to help prevent frivolous lawsuits. Since fighting a medical malpractice lawsuit can be very expensive, tort reform is said to ensure that a lawsuit has merit. These measures might be viewed as hoops to jump through before a case can be filed. Most medical practitioners and facilities pay very high premiums for medical malpractice insurance and tort reform is often a result of influential lobbying on the behalf of those insurers.

Before Your Attorney Files Your Case

All states have different rules about the below procedures but this summary might provide you with an idea of what to expect. Not all states require extra steps. Since all of the below can make the slow civil process even slower, you should not hesitate to take action as soon as possible to get your case started.

1. Give potential defendants a warning: Several states require that you provide notice to a practitioner or facility before you file. This notice contains a summary of the complaint that is to come and it often must be filed far in advance of the actual suit. For example, in California, you must inform a health care provider of any suit at least 90 days ahead of time.

2. Put the case before a panel: In some states, information about the potential suit must be presented to a panel, a tribunal, or a board. The panel will determine the merit of the case and whether or not the case can move forward.

Speak to a personal injury attorney who practices medical malpractice to learn more about filing a case.

Share

Search