The First Steps to Take in a Medical Malpractice Case

February 18, 2021 by Yale Spector

Steps to take in a medical malpractice case


According to the Journal of the American Medical Association (JAMA), medical negligence is the third leading cause of death in the US. An accident can turn your life upside down and it can be difficult to get back to your normal life after an injury and being in the hospital. After an accident, your focus and concern should be your health. Unfortunately, these injuries can also be a result of or made worse by medical malpractice. If you think that you have been a victim of medical malpractice, it is important to know the steps to take after medical malpractice has occurred.

What is medical malpractice?

First, it is important to know how medical malpractice is defined. Medical malpractice occurs when a hospital, doctor or other healthcare professional deviates from the recognized “standard of care” and causes an injury to a patient through a negligent act or omission.

Contact the Medical Professional Involved

You should contact the medical professional who worked with you before you file the claim. The goal is to find an understanding of what happened, what went wrong and allow your doctor to determine whether the problem can be corrected or not. Sometimes doctors can remedy the situation, making the lawsuit unnecessary.

Contact the Medical Licensing Board

If you contact the medical licensing board, they might be able to provide penalties to the doctor that was negligent. They can also help you figure out the next steps in the process.

Medical Records

If contacting the medical professional does not help the situation, request a copy of your medical records. This will prevent anyone from tampering or altering with your records to hurt your claim.

Keep a Journal

It can be difficult to remember small details down the road. A medical malpractice case can take years to resolve, so it is important to keep a journal of the incident, the injuries that you obtained and the follow up care that you received to document the details as clearly and accurately as possible.

Statute of Limitations

Make sure to contact an attorney as soon as possible. In Maryland, the statute of limitations for medical malpractice is 3 years from discovery of the injury, or 5 years from the injury. It takes time for lawyers to fully investigate that medical malpractice claim. Make sure you act promptly if you or someone you know might be a victim of medical malpractice.

Spector Injury & Accident Lawyers is committed to helping the victims of medical malpractice get proper compensation for their injuries. If you are seeking a medical malpractice lawyer, or have questions about our services, contact us here, or call us at (443) 505-7343.