Medical Malpractice Complaints

Filing medical malpractice complaints is done a bit differently from state to state and from country to country. Each jurisdiction has its own rules and process, so you will need to make sure to look into this. Generally you need to file medical malpractice complaints with a country or city commissioner or with the attorney general.

Filing Medical Malpractice Complaints

Filing medical malpractice complaints is a lot easier when you have a lawyer on your side. You will need to contact an experienced medical malpractice lawyer. Many of these lawyers will actually take cases for free until you win. This is a great way to get the ball rolling and to ensure that everything is filed correctly. An attorney will also be able to help you go over the facts of the case to be sure you have a case that has a chance of receiving a favorable verdict.

When filing medical malpractice complaints there are some common rules or regulations that you will need to consider. For instance, you will need to file all medical malpractice complaints within two years from the date of the alleged malpractice. The only exception to this rule is generally for minors, who will normally have until either their eighth or 10th birthday to file medical malpractice complaints.

When you file complaints you will need all of the names and addresses of the parties involved. This will include any doctors, dentists, or health care providers of any variety. After you file a complaint either party is usually able to request the formation of a medical review committee. If a committee is formed and the issue is resolved, the party who “wins” is required to pay for all committee fees, which usually range from $1,000 to $3,000.

When you file medical malpractice complaints you may need to provide a lot of evidence to a panel or to a court. Some of the things that you may want to have ready when you file complaints include medical charts, x-rays, lab tests, depositions of witnesses, expert testimonies, excerpts of treatises, and any other evidence that you have compiled either on your own or with the help of your attorney.

Not all medical malpractice complaints go anywhere. In fact, less than one half of one percent of doctors will actually have to fight a malpractice suit during their years in the business. What this means is that many times the complaints are dismissed or resolved outside of the courtroom or without the help of a medical review committee.