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March 9, 2023

What Is the First Step in Pursuing a Medical Malpractice Claim?

Pursuing a medical malpractice claim is a complex process that requires both legal knowledge and medical expertise. As a patient who suffered at the hands of a medical professional or a family member of an injured loved one, you can—and should—rely on experienced professionals to help you recover the financial compensation you deserve.

Most people do not understand the legal process or what steps to take first when pursuing a medical malpractice claim. The Providence medical malpractice attorneys at Mandell, Boisclair & Mandell, Ltd. can help guide you.

The First Step in Pursuing a Medical Malpractice Claim is to Schedule a FREE Case Review

If you think you may have a medical malpractice claim, your first step is to schedule a free case review with an attorney. You will need to work with a lawyer to pursue your claim, and you will need to rely on your attorney’s advice to avoid mistakes along the way. When you hire an experienced medical malpractice attorney to represent you, your lawyer will engage in the following during this process:

  • Conduct a preliminary assessment of your legal rights based on the information you have available 
  • Engage a medical expert to evaluate your claim in light of the prevailing standard of care 
  • Work with this expert (and perhaps others) to establish your claim for medical malpractice 
  • Calculate the current and future financial costs of your (or your family member’s) doctor’s mistake 
  • Calculate compensation for the current and future non-financial losses you will endure 
  • File your medical malpractice claim and deal with your doctor’s insurance company 
  • Work to negotiate for a favorable settlement and take your medical malpractice claim to court if necessary 

While you don’t need to do anything before you meet with an attorney, there are some ways you can prepare to get the most out of your free case review. For example, once you schedule your initial consultation, you may want to: 

1. Gather Your Medical Records 

Your medical records will be key evidence in support of your medical malpractice claim. If you have any of these records in your possession (or if you can access them online), you may want to go ahead and gather them in a file. 

2. Be Prepared to Discuss Your Situation

It is helpful to prepare to discuss your situation before your free case review. If you need to look up any dates or other details, doing so before your initial consultation can help streamline the process of pursuing your medical malpractice claim. For example, some of the types of information you may want to discuss include:

  • The date (or dates) on which you visited your medical provider 
  • The diagnosis you received (if any)
  • The treatment recommendations your doctor provided
  • When and why you started to suspect medical malpractice 
  • Information about any communications you have had with your provider about your concerns 

By preparing to discuss your situation before meeting with your attorney, you can make sure you cover everything that you think is important for your case.

3. Consider the Questions You Want to Ask Your Attorney

Along with preparing what you want to discuss, it can also be helpful to prepare a list of questions you want to ask your attorney. These could be questions about your legal rights, the process of pursuing a medical malpractice claim, or the attorney’s experience representing patients and their families. 

When you meet with an experienced medical malpractice attorney, your lawyer will be able to work with you to determine what information you can provide, explain the legal process in detail, and then work to gather any additional information needed to prove your legal rights

Speak With a Medical Malpractice Lawyer for FREE

If you think you may have a medical malpractice claim in Rhode Island, we strongly encourage you to contact us for a FREE case review. Our attorneys have decades of experience representing patients and their families. 

To speak with an attorney in confidence as soon as possible, call (401) 273-8330 or request an appointment online today.