How do I File a Medical Malpractice Claim?

For the most part, medical malpractice suits are riddled with complexities. Just watch ER when Dr. Greene is sued for example. If you want to file a medical malpractice or hospital neglect claim there are several procedural steps such as pre-filing requirements and judicial requirements that must be fulfilled and Chicago, IL medical malpractice lawyers know the legal process in this type of lawsuit.

Consult a medical malpractice lawyer

If you think that you will be able to handle your medical malpractice suit without much help, you are wrong. You are way off in fact. You probably saw the movie Fracture with Anthony Hopkins too many times and that was not even a medical malpractice case. Medical malpractice cases are difficult and you will need expert help as soon as you realize you need to file a malpractice suit for compensation.

Moreover, states have a statute of limitations which is a deadline within which can file a medical malpractice or hospital neglect claim, which is usually calculated from the date of the injury. The date varies and while in some states like Illinois you can file within a two year time period others have stricter filing schedule, which is why it is prudent to seek advice from a legal professional as soon as possible.

In most states there are several pre-filing requirements. For instance, in some states you need affidavits from medical experts. In other states you are required to submit your reports to a medical review board, which is best left in the hands of a Chicago medical malpractice attorney.

Some things in life are complex. Some things in life are not. Using this website Medical-Malpractice.USAttorneys is not one of them – this site is simple to use and in fact it is intuitive. If you believe the medical community did you wrong or someone in their ranks did you need legal help. This site is a virtual powerhouse and many people who believed there was no hope found hope after using this site to find the lawyer they absolutely needed.

Collect all documents related to your treatment

Legal pros recommend that you file all your relevant medical documents including reports and bills as soon as you realize that you have suffered an injury due to negligence. You must also sign a release letter allowing your legal counselors and the defense to access your files that are with the hospital. A release letter is essential because you are under doctor patient confidentiality. Providing these documents will allow your medical malpractice legal counselor to evaluate your case and also help them consult with medical experts to find out if the lawsuit can be won.  

Notify the defendants and their insurance providers of the impending lawsuit

You must serve a formal or an informal notification to the hospital or the medical professional against whom you are filing a malpractice lawsuit as well as their insurer. Often these steps trigger an internal review by the insurer’s investigators. If you are lucky you may find yourself in a negotiation with the representatives of the insurance company for compensation.

It is imperative to have your Chicago medical malpractice lawyer present during the negotiation to prevent you from being forced into a low settlement by the representatives of the hospital’s insurance company, for instance. Your legal representative will also use all his resources and negotiating skills to make sure you receive adequate compensation for your medical malpractice claim should you choose to settle out of court.

You should not even be speaking with anyone from the opposition without your lawyer being right there with you and speaking for you in fact.

File the lawsuit

The final step is filing the lawsuit which is a complaint that includes a series of allegations against a medical professional and/or a facility. Your legal counsel will make sure all the relevant documents and evidence are well presented before the judge and jury or the mediator.

If you believe you or a loved one is a victim of medical malpractice or hospital neglect, we strongly recommend that you speak with a medical malpractice lawyer in northwest Illinois right away. Most legal professionals do not charge any fees until their clients receive the financial relief they have been salivating over for a long time now.