If you are dealing with a medical injury or an avoidable illness caused by negligent care, you have the right to pursue legal action. Filing a lawsuit against the doctor, nurse, or facility responsible for your care may offer you a sense of justice.
To get started, you should focus on the initial steps to take in a Toledo medical malpractice case. You do not have to face this process alone. Working with an experienced medical malpractice attorney at Zoll & Kranz, LLC could improve your chances of a successful outcome for your case.
Obtain Copies of Medical Records
Most malpractice cases are built on a foundation of medical records. These documents help highlight the treatment a patient requires and the care they receive. This first step is essential, as building a viable malpractice claim in Toledo is almost impossible without access to a patient’s medical records.
Compiling this documentation before filing a lawsuit or attempting to negotiate a settlement is crucial. Medical records are necessary for developing a theory of negligence, and an injury attorney will use these to understand the facts of the case.
Understand the Statute of Limitations
There is a limited amount of time to file a Toledo medical malpractice claim, and an important first step in such cases is to determine the deadline for filing suit. This deadline is known as the statute of limitations.
You have one year to file your medical malpractice lawsuit, but calculating when that period ends is not easy. The one-year window begins to expire from the date the medical error occurred or when your condition should have been reasonably discovered. There is also a four-year time limit for bringing these suits, regardless of when your condition is discovered.
Contact a Malpractice Attorney
It is important to find proper legal counsel in Toledo when pursuing a medical malpractice case. A dedicated attorney can work on your behalf and take the lead during every phase of the process, from the first days of the case to the closing moments at trial.
The support of an experienced lawyer from Zoll & Kranz, LLC, could reduce the stress of navigating the legal system during a medical malpractice case. Our commitment and diligence allows you to focus on what matters, such as improving your health and recovering from your medical injuries.
Obtain an Affidavit of Merit
Unlike most standard personal injury claims, one of the first steps required in a Toledo medical malpractice case is obtaining an affidavit from a medical expert. This affidavit of merit should be attached to the lawsuit at the time of filing.
The purpose of the affidavit is to have a medical expert review the care you received and give their opinion on whether it met the necessary standard of care.
Failure to complete this step can have devastating consequences. The court can dismiss a lawsuit if you do not provide the affidavit, although judges have the power to grant additional time to obtain one.
Contact a Toledo Attorney To Learn More About the First Steps to Take in a Medical Malpractice Case
These are only a few of the initial steps to take in a Toledo medical malpractice case. When you work with our team at Zoll & Kranz, LLC, you can count on us to work tirelessly on your behalf every step of the way.