How Do I File A Medical Malpractice Claim?

Medical Error Claims

You have rights

A negative medical diagnosis is difficult news to absorb. It is natural to have questions about the doctor, the nurses, the procedure, or simply all of it. In the aftermath of a tragic outcome, you may seek answers about your condition or about what happened to a loved one. In the United States, you have several important rights in those situations. First, you have the right to get answers from your doctor. Second, you have the right to see and obtain your medical records. Third, you have every right to speak with a lawyer about your legal options.

Where do you start?

The first place to start is always with your records. Medical care is documented. As we enter the 2020’s decade, all major hospital systems have electronic record systems. This offers the patient some advantages. A Federal Law dubbed the “HITECH” Act offered support and financial assistance to hospitals and clinics to transition to electronic records. Part of the bargain includes that you, the patient, may obtain your records for a reasonable cost. You may also obtain them in electronic format. Thus, the records will be legible (insert quip about a doctor’s handwriting here). They will also be easier to sort and search.

Then what?

Claims of medical negligence by a nurse, a doctor, a hospital, etc. are very complicated. Medicine is complex and the people that practice it have years of training and take their work very seriously. Nevertheless, errors to happen. When those errors are serious enough, they are considered “below the standard of care.” This is a subjective definition. You will need to consult with a lawyer who can match the medicine with the law to determine whether there is a case. Your lawyers will also consult with medical professionals to be sure of the rules and confident about the case.

Such cases require enormous amounts of time and expertise. They also require financial investment to compensate consulting medical professionals and testifying experts. You can begin by reaching out to the lawyers at Coogan Gallagher and we will walk you through the entire process. We take cases other lawyers thought were too difficult because we are committed to justice.


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