First Steps to Pursue a Medical Malpractice Case

Medical Malpractice Lawyer Miami, FL

Doctors and other healthcare professionals are often seeking to give their patients the best standard of care, using their best judgment whenever possible. But sometimes things don’t go as planned and you may end up severely injured in the process. If another medical person with similar training would have made different choices and thus caused a better outcome for your situation, there is a good chance you have a medical malpractice case.

Speak with the Professional in Question

Before beginning your case, it’s important to discuss the situation with the medical professional first and see if there is something they can do to fix the situation. They may be able to give you a solution or might even be willing to perform some work free of charge. It might be up to you to decide whether this individual was truly negligent with their decision, or if it was within the realm of acceptable risk.

Contact Their Licensing Board

If speaking with the doctor does not help the situation, you can then contact the medical board in charge of their license. They have the power to discipline them or issue warnings, and if that doesn’t work, they will tell you what you can do next.

Complete a Medical Assessment

To ensure your injuries actually resulted from your doctor’s mistake, more states are requiring individuals to file a certificate of merit. To begin this, you will have to contact another health care professional with similar training. They will review your health records and the situation you are unhappy with and verify whether your doctor did indeed do something negligent or outside of accepted medical practices, causing your injuries or other harm. Your lawyer can file this certificate and continue pursuing your case. There is often a time limit for this step in each state so make sure you know your deadlines.

Settle Out of Court if Possible

These types of trials can be very time consuming and expensive, and insurance companies reject as many of these cases as they possibly can. So, if you and your lawyer determine that your damages are on the lower side, it might be better to settle out of court. If the injuries you’ve incurred are on the more severe side, and the settlement will not even begin to pay for the damages, this is when you and your lawyer would think about going to court with a jury.

Win Your Case

While medical malpractice cases can be tricky and complex, if your injuries are significant and costly, you’re entitled to full compensation. Speak with an experienced medical malpractice lawyer in Miami, FL from Needle & Ellenberg, P.A. to help you organize your evidence, file all the required paperwork, and increase your chances of winning your case.