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What You Need to Know About Filing a Medical Malpractice Case

by | May 29, 2020 | Blog |

Did you know that the Journal of the American Medical Association (JAMA) states that medical negligence is the third leading cause of death in the United States? In fact, during 2012 there was over $3 billion spent in medical malpractice payouts. Unfortunately, it seems that medical malpractice is more common than you may initially think. 

If you are considering filing a medical malpractice case against your doctor or health care provider, there are certain things you need to be aware of. There is a set of requirements and specific procedures that are unique to medical malpractice cases. Your first step should be contacting Holman Law Firm to speak with an experienced attorney. Here’s a few other things you need to know about filing a medical malpractice.

Copies of Medical Records

Your medical records will more than likely serve as the best piece of evidence for a medical malpractice case. Because there are certain privacy laws in place, you will have to sign a release that allows your attorney to get copies of these records. If you want to jump start this process, request your records as soon as you think there’s a possibility that you have a case. 

The quicker a copy gets to your attorney, the quicker they will be able to go through and determine whether or not there’s a case. Your attorney will also be able to get opinions from other medical professionals to serve as medical expert witnesses for your case.

Contact Insurance and Health Care Providers

In some states it is a prerequisite to contact health care providers and insurance in order to take a medical malpractice case to court. If this isn’t the case in your state, it is sometimes best to make them aware because this will trigger insurance coverage and internal review. During the review, you may find that a settlement can be reached without needing to go to court.

File a Medical Malpractice Complaint

The final step would be filing the actual medical malpractice complaint in civil court. This complaint is a formal recitation that includes the allegations against the medical professional(s) or hospital. After the complaint is filed the lawsuit begins in earnest.

If you have questions regarding a medical malpractice suit or would like to speak to someone about filing one, contact the experienced attorneys at Holman Law Firm. Hiring an experienced attorney is the best way to guarantee that you receive the compensation deserved and no mistakes are made during the filing process. 

The Holman Law Firm is committed to providing the best legal service in Pensacola, Destin, Pace and Cantonment, FL in a variety of legal areas including Family Law and Personal Injury. We specialize in Fathers’ Rights and will be there every step of the way to fight for your rights. Contact us now for a free consultation at our office or go online at www.holmanfirm.com.


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