The Process of Filing a Medical Malpractice Claim

It’s not easy to file any type of case, but when dealing with the medical industry, it becomes even more complex. You should be familiar with the steps you need to take when filing, and then what the process will be afterwards. Our Scranton medical malpractice attorneys will break it down simply so others can get a basic idea of what they may have to experience when filing a medical malpractice claim and how we can help.

Don’t Hesitate to Start Filing a Claim

No one ever wants to go through a medical malpractice claim, but if you or a loved one have been the victim of medical negligence in a Pennsylvania hospital, you may be eligible to file for compensation. Filing a malpractice claim in Pennsylvania carries its own deadlines, expert requirements, and damage caps, and knowing them before you start protects what you can recover.

It is important to remember that the filing process for medical malpractice claims in Pennsylvania can be complex and lengthy. This won’t be a short process with an easy solution. It’s crucial to obtain experienced legal help who can guide you through your case, represent your interests, and ensure that you receive the compensation you are entitled to.

With proper representation, you can rest assured that your rights will be protected and that you will get the justice you deserve. You can get that representation from the attorneys at Scartelli Olszewski, P.C.

The Recommended Steps for Filing a Medical Malpractice Claim in Pennsylvania

Filing a medical malpractice claim often involves several steps, including:

1. Consultation with a Medical Malpractice Attorney: A specialized attorney can help you understand if you have a viable case, the potential damages you could recover, and the process of filing a claim. You’ll likely hear medical and legal terms you’ve never heard before, along with paperwork designed to confuse you and trip you up. With an attorney, the medical institution who failed you will be held accountable.
2. Medical Records Review: Our attorneys can collect and review all your medical records related to the incident. We might also consult with medical experts to understand if malpractice occurred.
3. Filing a Notice of Intent (NOI): Before filing a lawsuit, many states require you to notify the healthcare provider about your intent to sue. This notice usually includes the nature of your claim and the injuries sustained, and can detail the damages you are seeking.
4. Expert Affidavit or Certificate of Merit: Many states require an affidavit or certificate from a medical expert stating that your healthcare provider deviated from the standard of care, leading to your injury. This document is crucial in establishing the validity of your claim.
5. Filing the Lawsuit: Once your affidavit or Certificate of Merit has been sent, you can then officially file a complaint in court. This document outlines your allegations and the damages you seek.
6. Discovery Process: This stage involves the exchange of information between both sides. It may include depositions, interrogatories, and document requests.
7. Negotiations and Settlement Discussions: Both parties may try to negotiate a settlement to avoid going to trial. If negotiations are successful, the case ends here.
8. Trial: If a settlement isn’t reached, your case goes to trial. Here, both sides present their evidence, and a judge or jury makes the final decision.
9. Appeal: If you’re not satisfied with the outcome, you may have the option to appeal to a higher court.

Always Consult an Attorney First

Please note that this is a generalized overview and the exact process may vary depending on your location and specific circumstances. Always consult with a professional attorney for advice tailored to your situation.

What Should You Do if You Want to File a Medical Malpractice Claim?

If you believe you have experienced medical malpractice in Pennsylvania, contact our medical malpractice attorneys as soon as possible. Two years pass faster than most people expect. If you were treated in Luzerne County, a Wilkes-Barre medical malpractice lawyer from our office can walk you through what your case requires. Taking legal action may not be an easy decision, but it can help you get the justice and financial compensation you deserve.

At Scartelli Olszewski, P.C., we are here to provide advice and counsel about medical malpractice cases in Pennsylvania. We understand that this can be a difficult time for you and your family, which is why we strive to make the process as efficient as possible. Our team of experienced attorneys has the knowledge and resources needed to fight for your legal rights. Contact us today to schedule a consultation and discuss your case.

Scartelli Olszewski P.C.