Q: When Should One Contact a Medical Malpractice Attorney? A: Don’t Wait

Posted in Patient Resources

As soon as you have serious concerns that preventable medical errors caused a serious injury or a loved one’s death, you can contact a law firm. You do not need proof of malpractice before calling. An experienced medical malpractice firm can help you understand whether your concerns warrant further investigation. A bad medical outcome alone does not necessarily mean malpractice occurred.

Why you should act promptly

The law limits how long you have to file a lawsuit. This deadline is called the statute of limitations. If you miss it, you may lose the right to pursue your case.

The deadline depends on the state and the circumstances. Discovering an injury later may give you more time, but some laws set an outside cutoff even if you did not know you had been harmed.

Let an attorney determine which deadlines apply.

Government hospitals have much shorter deadlines

Special rules apply if the care was from a government hospital, a VA facility, or another government-related provider. You may need to submit a formal notice or claim soon before filing a lawsuit.

Notice deadlines are much shorter than the deadline for suing, so mention any government facility involvement when you contact the law firm.

How to prepare for the first contact with a law firm

Prepare a short account of what happened: when and where you received care, what harm occurred, and why you believe something went wrong. Have any medical records or related documents you already possess available. You can begin with the information you have. Don’t postpone calling while assembling a complete file.

Hospital Watchdog medical harm timeline & record organizer

To make it easier to prepare for a law firm’s review of your case, we provide a fillable form adjacent to this story. The form helps summarize a case. If you fill in the form and print and/or save it, this tool should be helpful.

Contacting a law firm usually leads to a better understanding of your case

Contacting a law firm does not mean you must file a lawsuit. It is a first step toward understanding your options and the time you have to act. You may need to contact more than one law firm.