Getting started with a medical malpractice case: Part II

Hawkins Law Firm • Oct 28, 2015

Today we will continue our overview of steps a Tulsa resident can take prior to filing a medical malpractice case. We discussed speaking to the physician directly about the issue, bringing the matter up to the medical licensing board and making sure your case falls in the applicable statute of limitations.

In addition to these steps, there are other steps a person who has been harmed by a negligent physician or medical facility can take if they are interested in pursuing a medical malpractice suit. While the laws vary between states, it may help to have a medical assessment performed, and file a “certificate of merit” if necessary. Having another medical professional go over the victim’s medical records can help ensure that the treating medical professional did indeed fail to adhere to the proper medical practices in the victim’s case.

In addition, while the victim of medical malpractice may initially wish to litigate the matter, it is important that such cases can take a lot of time and may be expensive. For these reasons, it may be in the victim’s best interests to reach an agreement regarding the case out-of-court. An out-of-court settlement can still compensate the victim for the damages he or she suffered without having to endure a trial and possibly gain nothing.

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