Medical negligence is an unfortunate problem in our country. While everyone would like to believe that doctors don't make mistakes, they are only human. If you feel that your doctor handled your treatment negligently, then you have the right to seek compensation for your financial, physical and emotional sufferings by filing a medical negligence (also known as medical malpractice) case. Follow the steps below to start the process of filing a patient neglect lawsuit.
Instructions
1. Check the statute of limitations for a medical negligence case in your state. In most states, the statute of limitations is two years, which means that you must file your case with the appropriate court no later than two years from the date of the doctor's negligent act.
2. Obtain all of your medical records from the clinics and hospitals that treated your condition, dating back to approximately two years prior to when the condition surfaced. The clinics and hospitals will charge you for the records, but, by law, they absolutely can't refuse to give them to you as long as you pay for them.
3. Meet with an attorney that specializes in medical malpractice about your concerns. Provide the attorney with all of the records and bills that you have in your possession. He will give you honest feedback as to whether or not you have a case.
4. Provide a copy of your records to an expert, such as a doctor in the same area of medicine, for review. The expert will look over your records and provide her opinion on the treatment provided. Most attorneys will assist you with this process.
5. File a lawsuit if the attorney and expert both believe that you have a viable case against the doctor. Again, the attorney will take over this process for you and will likely represent you on a contingency fee basis (which means he will get a percentage of the money you win in the case).
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