How to File a Medical Malpractice Claim

Medical malpractice affects thousands of patients every year. Unfortunately, many injured patients never tell their stories or receive compensation through the civil justice system, simply because they don’t know how to file a claim. As with any personal injury, your first step should be to contact a reliable Kansas City medical malpractice attorney for assistance. Victims can manage some personal injury claims on their own, but a medical malpractice claim is not one of them. Your lawyer will make filing easy and can walk you through the rest of the process for starting your medical malpractice claim in Kansas City.

Talk to the Medical Professional

Sometimes an adverse health outcome is unavoidable or something that happens despite proper medical care. To find out your provider’s side of the story, call the hospital or medical professional you believe is at fault for your harms prior to filing a legal claim. Ask about what happened and what went wrong. In some cases, you can resolve the issue or mix-up on your own without a lawsuit. For example, the provider may be willing to remedy the problem free of charge.

Gather Information

If talking to the medical provider doesn’t help, start compiling information about your claim. Write down the names of the doctor, the hospital, and any staff members who took care of you during your appointment or hospital stay. Record the facts of your case in as much detail as possible, including everything the doctor said to you, the procedures you underwent, and treatments your doctor prescribed.

Request copies of your medical records and keep all bills, receipts, and documents connected to your injuries. Also keep copies of medical scans, x-rays, and test results. If there were any witnesses to the malpractice event, get their names and contact information. Organize all files and information relating to your claim in a binder, and then bring your case to Kansas City medical malpractice lawyers.

Get Help from an Attorney

It’s very difficult to successfully commandeer a medical malpractice claim without legal representation. In Missouri, the law requires you to file an affidavit of merit within 90 days of bringing your initial complaint. This affidavit must state that an expert has reviewed the case and agrees with the plaintiff that the defendant did something wrong to cause the injuries. You or your attorney must sign the affidavit. Missouri law always requires you have expert testimony during your trial.

In Kansas, there is no affidavit requirement, but the court can request a medical screening panel if desired. The expert testimony requirement stands in Kansas medical malpractice trials as well. A lawyer can serve as a significant resource to fulfill the filing requirements in Kansas City, connecting you with industry experts who can support your claim.

File Within the Deadline

A lawyer can also make sure you don’t miss any important filing deadlines. In Kansas and Missouri, you have only two years from the date of injury to file your claim. Failure to meet this statute of limitations typically means losing the opportunity to recover. Working with a medical malpractice lawyer means filling out all necessary paperwork correctly the very first time, submitting your claim to the right people at the right time, and meeting any additional requirements for your best chance at success.

The attorneys at Dickerson Oxton remain committed to exceptional client service during the coronavirus pandemic. Please contact us today. We are working remotely. If we are unable to connect immediately, we will respond at our earliest opportunity.