Filing a Medical Malpractice Claim in Raleigh
The process of filing a medical malpractice claim is extensive and complicated. The laws are constantly evolving and the requirements for evidence and documents involved can be hard to access. A Raleigh medical malpractice lawyer can walk you through the process of filing a claim accurately and completely. An experienced and currently practicing attorney is vital to achieving the best possible outcome for your suit. The client can actually do very little other than choosing the right attorney, it is up to the attorney to gather the evidence and court documents as well as walk you through the process of going to trial or settling the suit.
What to Expect from the Process
The process of filing a medical malpractice claim in Raleigh takes longer than one might think. It involves having medical records reviewed by experts to determine whether a malpractice occurred.
When drafting the documents to be filed with the court, there are rules of court that require certain things to be included in the lawsuit. The lawyers who are experienced in medical malpractice claims are very familiar with the requirements.
The requirements are important because failure to include them in your claim could be fatal to the claim. In other words, the claim would be tossed out of court. There is a great deal detailed knowledge that must go into writing a claim for medical malpractice.
The most important thing for the claim to have in order for it to be viable in court is the certification that the relevant medical records were reviewed by an expert who is prepared to testify that a departure from the standard of care occurred in this particular instance.
The client is not very involved in the actual claim filing process. They are involved in selecting the right lawyer and perhaps participating in gathering the evidence. However, filing the claim and finding an expert to review the documents and certify malpractice occurred is the job of the lawyer; the client is less involved in that process.
Importance of an Attorney
It is important to retain a medical malpractice attorney when filing a claim because this is a very intricate and specific area of the law that has changed in the last 20 years. The case law on various requirements is ever-evolving. Because it very specific and governed by rules, you need an aggressive and experienced attorney who is familiar with those rules, and knows how to apply them to bring a viable claim.
A lawyer can also help by giving advice. For example, if a lawyer cannot take a claim, they can direct a potential client to someone else who might be able to provide help or advice when a bad outcome took place. They could suggest other possible avenues to be pursued that would bring the client’s complaint to light with various regulatory agencies or boards that govern the practitioners and facilities involved.