The legal process for filing a medical malpractice claim involves several essential steps:
Step 1: Consultation and investigation: An experienced medical malpractice attorney reviews your medical records, incident details, and circumstances to assess your claim’s viability.
Step 2: Certificate of Merit: Before filing, your attorney must consult with a qualified physician who confirms that a reasonable basis for the claim exists. If this can’t be completed before the statute expires, a certificate stating the inability to do so grants a 90-day extension.
Step 3: Prepare and file the complaint: The legal filing describes the healthcare provider’s actions, the standard of care violation, how negligence caused your injuries, and the damages you’ve suffered.
Step 4: Notice of Claim (if applicable): Claims against public hospitals or government-operated facilities require formal notice within 90 days—a strict deadline that bars many otherwise valid claims.