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October 23, 2019 | Gary Burger

What Do I Need to File a Medical Malpractice Claim?

When you've been injured by a doctor, whether they missed diagnosed you, missed your diagnoses, or performed the wrong surgery, it can be difficult to know what steps you should take to hold them accountable. The laws in Missouri can be complicated and confusing. So when a doctor harms you, what is your recourse to recovery? What steps can you take to make sure the doctor is held accountable?

In this FAQ, Gary details the different steps you need to take to file a medical malpractice claim. It may be more than you initially thought. If you have any questions about how Medical Malpractice claims work, this FAQ, or if you need to speak to a personal injury lawyer in St. Louis immediately, call or contact our team at 314-542-2222 or 618-272-2222

What do I need to File a Medical Malpractice Claim?

Medical Malpractice claims can be complex. Proving that a doctor was negligent in their act is already difficult, but it's a little easier if you can get a doctor in the same field to write a letter stating that the doctor who harmed you operated outside of the standard level of care. But is that the only step in a case? What steps should you take to make sure you claim is protected? Here is a brief list of the steps you should take to protect your Medical Malpractice Claim"

  • Did you suffer any injuries or further damages because of the Malpractice? - For a medical malpractice case to even be pursuable, further injury or damage must result from the malpractice. If a doctor misses a diagnoses, but a second doctor that you see catches the injury or illness and you are treated before damages happen, the first doctor hasn't necessarily committed malpractice. They may have been negligent to a point, but malpractice cannot happen with damages.
  • Gather all of the medical records related to the Claim - You will need to collect all of the records regarding what happened with the claim. Gather as much as you can. The more information that you bring to the table the more likely your claim is going to be successful. Gather records regarding any tests you had to take, and actions the doctor took, the times you went to the office, everything.
  • Letter Stating that the Doctor Committed Negligence - For a medical malpractice case to proceed, there has to be negligence. To prove negligence, another doctor has to look at what happened and write a letter stating that the doctor operated outside of the normal standards of care, or that they missed a diagnoses or didn't administer a test that they should have that could have found the illness. Without this, a medical malpractice case is extremely difficult to prove.
  • File the Lawsuit - Once you have all of the appropriate documentation to pursue the case, you can then proceed with the Medical Malpractice case. In many states, you will need the other doctor's letter stating that you have a medical malpractice case. Without this, the case may not be allowed to proceed.

If you have any questions about Medical Malpractice, feel free to call our team at 314-542-2222 or 618-272-2222. We take on medical malpractice cases all the time, and we always fight for our client's full recovery. Why? Not everyone has the financial means to pursue a medical malpractice claim. Doctors and hospital make quite a lot of money and can easily drown someone in legal fees to the point that the case can't even be pursued. We fight against those tactics and we make sure that everyone has a voice, and that the people who are wronged by hospitals and doctors have their day in court. If you have a claim, call our Personal Injury Lawyers in St. Louis now.