Medical Malpractice: 5 Things You Need to Do to Prepare for Your Case

February 21, 2020 Joe Badalis 0 Comments

If you’ve suffered injuries, illnesses, or other harm as a result of poor medical services, you may be considering filing a medical malpractice claim. These lawsuits can be extremely complex and can take an emotional toll. Because of this, it’s crucial to go about filing a medical malpractice claim properly to avoid errors or a prolonged process. So to help you get started, here are a few tips to help you prepare for your case.

Talk to Your Doctor

One of the very first steps you should take is to talk to the doctor, or doctors, who provided your medical care. In some situations, your doctor may be able to provide further medical treatment to fix their mistake or offer another solution. But ultimately, you just need to understand what exactly happened—you should sit down with your doctor and ask them to go step-by-step through your treatment process. You should ask questions like why they prescribed certain prescription drugs or why you were advised to have a specific type of treatment or surgery. Understanding their thought process during your treatment will help you build your case.

Get an Attorney

Before you get too far into building your case, you need to hire an attorney. It’s always a good idea to work with a reputable law firm on medical malpractice claims due to their complexity. Your attorney will play a critical role in helping you obtain evidence, talking to physicians, and ensuring your claim is filed on time. With an experienced attorney, like philanthropist and lawyer Howard Fensterman, you’ll be able to build a strong case so you have the best chance possible at fair compensation.


File Your Claim on Time

As with all legal matters, it’s important to file your medical malpractice claim on time. You must file your claim within the statutes of limitations or you may not be able to qualify for receiving compensation. So if you have sustained injuries or other harm from medical services, don’t wait to act—contact a lawyer sooner rather than later to ensure you have enough time within the given short term to file your claim.

Ensure Your Claim Has Merit

Most medical malpractice claims require a “certificate of merit” to show that a doctor’s negligence truly did cause your injuries or other harm. This is why you need to contact another doctor to provide a medical assessment—this assessment will involve the other physician looking over the evidence you provide to determine what caused your injuries. They will look at medical records and information provided by your insurance company in order to decide if your doctor was at fault.

You should contact your health insurance provider to obtain all of the necessary records. And if you aren’t happy with your current health benefits, make sure to find a new health insurance plan. Using a convenient site like, you can compare health insurance plans in the United States, like Medicare, or even for short term health insurance. Finding the right health plan for your needs is essential in moving forward.


Consider Settlement Negotiation

Medical malpractice claims can be settled outside of the courtroom, even if your case is in the trial phase. This is actually quite common, especially for claims with sufficient evidence. If there is concrete proof that your doctor was at fault and your lawyer has determined what would count as fair compensation, the case may be settled by you getting paid the decided amount of money. So unless you’re being offered much less than you think would be fair, consider a negotiated settlement.

Medical malpractice claims are not always easy to handle, both legally and emotionally. So make sure to act as quickly as possible and have the best help by your side so you can build a strong case.