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In the United States, medical negligence is the third leading cause of death. In 2014, there were about 8,900 medical malpractice claims against MDs and DOs. According to the Diederich Healthcare 2014 Medical Malpractice Payout Analysis, the total payout amount was $3,891,743,050.

In the United States, medical negligence is the third leading cause of death. In 2014, there were about 8,900 medical malpractice claims against MDs and DOs. According to the Diederich Healthcare 2014 Medical Malpractice Payout Analysis, the total payout amount was $3,891,743,050.

According to data from the National Practitioner Data Bank, there were 154,621 medical malpractice payments in the United States between 2004 and 2014. The Physicians Practice’s 2014 Physician Compensation Survey states that a large percentage of physicians pay up to $7,000 per year for malpractice insurance.

Medical malpractice cases are generally pursued by patients who have been injured or harmed due to medical errors or negligence from a medical professional such as a doctor, hospital nurse, technician, or medical worker. Typically, the measure of whether the medical provider failed to provide proper care or was “negligent” depends on whether the same standard of care would have been received by the patient from another medical professional under the similar circumstances.

Here are the first basic steps to bring a medical malpractice case.

Contact the medical provider

The first step is to contact the doctor or medical professional before you actually file your claim. This is to help you understand what may have gone wrong and allow the medical provider to determine if the injury or harm can be remedied. In many cases, doctors are willing to perform services, free of charge at times, to provide a solution to the problem or correct it.

Contact the medical licensing board

If the situation does not improve by contacting the medical professional, it may be necessary for you to contact the licensing board that governs medical licenses. Although the medical professional cannot be ordered by licensing boards to compensate you, they can issue discipline or warnings to the doctor. They may also be able to guide you on the next steps to take to file your claim against the negligent party.

Find out the statute of limitations

When you decide to file a medical malpractice claim, it is critical to find out how long you have to legally bring the claim. There are limits on all civil cases, including medical malpractice cases, as to when they should be filed.

Known as the “statute of limitations,” these limits require you to file your claim within a certain time period from the time the injury occurred or you risk waiving your rights to receive compensation for your injuries. You should check with the laws in your state to ensure that you do not run out of time to file your claim.

Get a medical assessment

Many states require you to get a medical assessment to confirm the merit of your case. This is known as a “certificate of merit” and it helps in determining that the injuries were caused by negligence on the medical professional’s part.

To file this certificate, you will need to contact an expert, usually another medical professional, to review your record and testify that your medical provider deviated from the accepted standard of care which resulted in your injuries. The certificate of merit is filed by your attorney. This confirms that you spoke with a medical expert and that your case has merit.

A law firm with heart

If you or a loved one has been harmed or injured as a result of a doctor’s negligence, you should contact a qualified and experienced medical malpractice attorney at Rosenberg, Minc, Falloff, & Wolff of RMFW Law at 212-344-1000.

We win cases. We win cases all the time. Give us a call, at RMFW Law. The first meeting is free. We charge you nothing upfront. In fact, we really do not charge you at all since we only take a percentage of the settlement or the verdict. We keep you informed every step of the way.