Where Should You Start With Your Malpractice Claim?

It can be overwhelming to experience the consequences and negative impacts of medical malpractice. In addition to the pain you may experience, it can affect your finances, ability to work and much more. You may be unsure of your rights and what you should do next.

We are here to help and offer a free legal consultation. Call us in California at 424-259-4807.

If you think you have a case, it is helpful to start with a free legal consultation with an experienced medical malpractice attorney. At the Law Offices of Neil M. Howard, you will work with a lawyer dedicated to these types of cases. With over 30 years of experience, he will stand up for you in court and work for the full and fair recovery you deserve. It is beneficial to reach out for help as soon as possible.

Initiating A Claim

If you suspect that you or a loved one has been injured by the medical malpractice of a health care provider, it is important to obtain the medical records as soon as possible. The sooner the medical records are obtained, the less likely they are to be lost or altered.

You may obtain the medical records directly or seek the assistance of our office. California law is quite clear on whether you are entitled to a copy of your records, how much a medical provider may charge for a copy of your records and how long the medical provider has to provide you with a copy. California Evidence Code §1158 requires that the medical provider deliver a copy of your records within five days after presentation of the written authorization and at a cost of no more than $15 and 10 cents per page.

After all necessary medical records have been obtained, they will need to be reviewed by a qualified physician to analyze if you have a winnable case.

Then, either a lawsuit or an arbitration proceeding may be initiated. Many cases now are required to be arbitrated because there is an arbitration agreement.

After the lawsuit or arbitration has been commenced, all sides have a right to conduct discovery. This includes written discovery such as questions [interrogatories] or demands that documents be exchanged. In addition, all sides may be asked to appear to answer questions in person, commonly referred to as depositions. Generally, in a medical malpractice case, the depositions of the medical providers are more important than the depositions of the plaintiffs. The reason is that the medical providers will be asked to explain what they did and why they did only what they did.

Start By Learning About Your Legal Options

At the Law Offices of Neil M. Howard in California, we are always available to explain the process to you and help you through each step of the way. If you want, we can meet with you and family members as much as is necessary to help you in answering discovery and to give you the comfort of knowing you are not alone.

We are on your side. We can help you stand up for your rights through a medical malpractice claim. Call 424-259-4807 or email our Los Angeles office for a free legal consultation about your case.