Filing a lawsuit might seem straightforward: you fill out a few papers, file them with a clerk, and pay a fee. However, the actual process of getting your case ready to file involves numerous important steps. Your medical malpractice lawyer can be with you every step of the way.
First, you and your medical malpractice lawyer will meet at least once. In today’s COVID-19 world, you might only be able to meet by telephone or video chat, but the intent is the same – to discuss the facts of your case and determine whether you can file a medical malpractice lawsuit.
After the initial meeting, medical malpractice lawyers typically begin investigating if they have time. Because of the state’s statute of limitations laws, your attorney might have only a short time to research. In fact, this is one reason it’s critical to speak with a lawyer as soon as possible after your injury. You don’t want to rush through these steps because of a looming statute of limitations deadline.
The progress of the investigation leads to the next step.
In a medical malpractice case, a lawyer will need to prove several elements. To do so, your attorney will look for records to back up your claims. Because of the nature of medical malpractice cases, it’s only natural that your medical records take center stage.
However, you also might need some history about the medical professionals who mistreated you. For example, have any of them been sued for medical malpractice, and why? Have they shown a tendency to overlook medical protocols in ways that hurt their patients? Did the hospital you stayed in have a long history of infections leading to patient death?
An experienced medical malpractice lawyer generally has a more in-depth knowledge of laws affecting medical cases. However, attorneys typically review new laws, new applications of old laws, and more when getting ready to file a lawsuit. So, your lawyer most likely will review the law before proceeding to the clerk’s office.
Even before COVID-19, most states had increased the ability to e-file. Now, it’s even more likely that your attorney will electronically file your case. Other documents might be filed, including a certificate of merit.
Under Pennsylvania law, medical malpractice claimants must have an appropriate professional review the claim. That professional states in the certificate that the claim has merit because his or her medical professionals breached their duty of care. Your attorney will take care of reaching out to a professional to complete this certificate and file it either with your complaint or within 60 days of the filing.
Medical malpractice claims are complicated. Often, many parties are involved in the chain of treatment. Powell Law features James F. Mundy, Esq., as an attorney who has successfully litigated medical malpractice cases for several decades. Since 1906, our practice has evolved litigating personal injury claims, including medical malpractice cases, and building a body of knowledge and expertise that unquestionably provides our clients with an incomparable advantage. Powell Law has an established 115-year-old reputation throughout northeastern Pennsylvania. Contact Powell Law at call (570) 961-0777. The consultation is FREE.
