Do These Five Things If You Think You Have A Medical Malpractice Case

28 June 2018
 Categories: , Blog


Although you are entitled to compensation if you have been injured by a medical officer's negligence, how you conduct your affairs after your injury will determine how easy it is to get this compensation. Here are a few measures you should take to simplify your medical malpractice case:

Get Treatment

The first step, which may seem obvious to many people, is to get medical care to salvage the situation by taking care of the injuries emanating from the medical malpractice case. This is not only necessary for your health, but also to fulfill your duty to mitigate damages (every personal injury victim has this duty). Make sure you get treatment from a recognized medical professional; at-home treatments won't count in the courtroom. 

Contact the Doctor

Whether or not you get the remedy from the doctor you are accusing or another doctor, you should contact the person you believe is responsible for your injuries. This should be the case regardless of whether the guilty party is a nurse, doctor or any other medical professional. In some cases, you may be able to resolve the issue without resorting to the lengthy and costly process of litigation. For example, the hospital or doctor may give you the correct treatment and waive all your medical fees, or you may be able to negotiate a fair settlement without going to court.

Contact the Medical Licensing Board

Medical malpractice cases tend to be lengthy and complicated, and therefore, expensive. You stand to gain a lot by sorting the issue outside the courtroom, if possible. That's why you should try everything possible to sort the issue before filing a lawsuit. For example, you may be able to get help from the relevant medical licensing board; the board may put enough pressure on the liable party to get them to solve the issue satisfactorily.

Get a Certificate of Merit

Of course, some defendants are difficult to deal with, so you can't be certain that you will be satisfied without going to court. Don't forget that you have the right to file a lawsuit if you are not satisfied by the remedy being offered by the defendant or if they are not offering any remedy.

First, however, you have to get a certificate of merit from an independent medical expert operating within the same medical specialty in which your injury falls. This medical expert should review your case and issue you a certificate of merit certifying that your case is worth looking into. The government has this requirement to prevent patients from filing frivolous lawsuits.

For more information, contact a local law firm like Blazef -Horner Anica Law Office of


Share