The Law Offices of Dr. Michael M. Wilson M.D., J.D.
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Washington DC Medical Malpractice Lawyer

The Medical Malpractice Claim Process

Washington, D.C. medical malpractice lawyer explains the claim process

The complexity of medical science makes filing an effective malpractice claim an exceptionally detailed and time-consuming process. With some exceptions, Maryland and Washington, D.C. claimants have three years to file a claim. In Virginia, the applicable statute of limitations is generally two years. In cases where the defendant is the U.S. Government, a claim must be properly filed under the Federal Tort Claims Act within two years of the incident, with some exceptions.

You and your lawyers may need all that time to fully prepare your case - which is why taking swift action is so important. Our team is ready to review your case and explain your rights and options. Contact us today to request a free case review.

Gathering the evidence

The medical malpractice lawyer first will take a detailed history and do a medical legal assessment of the likely claims and the medical records necessary to evaluate those claims. This can take some time, and sometimes a lawsuit must be filed to obtain the relevant medical records if the probable defendant resist turning the records over. It can be helpful for the client to provide a relevant chronology of the events at issue to the likely claims.

Many times clients will have some or even all of the relevant medical records and will provide those records to The Law Offices of Dr. Michael M. Wilson, M.D., J.D. & Associates. We would then review those records to determine the best initial investigation plan. Many times, Dr. Wilson will review the medical records and can provide a detailed medical analysis to the client or prospective client.

Sometimes, Dr. Wilson recommends that the client obtain some of the medical records themselves. Other times, the client will prefer for Dr. Wilson to obtain their medical records, medical bills, medical X-rays, fetal monitor strips, and other materials for them. Either the client or Dr. Wilson can request that the hospital or health care provider send an electronic medical record (EMR) to your lawyer on a CD. Hospitals are only allowed to charge for actual labor costs of placing record on a disc, which is not the case with per-page charges for paper copies.

Be prepared to make the most of your consultation with an attorney.

Selecting a claim method

The courtroom is not your only option in pursuing a claim. As an experienced Washington, D.C. medical malpractice attorney, Dr. Wilson carefully assesses your options and presents you with the advantages and disadvantages of each.

Filing a claim against the malpractice insurance policy of a practitioner may be a valid option for quick and fair recovery— particularly when you expect to fully recover from your injuries within a relatively short period of time. At the opposite extreme, anyone left with permanent scarring or disability may be best served by filing a lawsuit—even if the process can be a stressful and lengthy road to compensation. If you decide to take your case before a jury, The Law Offices of Dr. Michael M. Wilson, M.D., J.D. & Associates handles the paperwork required to get your case on the court docket.

Pursuing your claim

Whatever method you choose, you need to expect resistance from insurance companies or from the opposing parties in your case. Dr. Wilson makes sure your case is built on a solid foundation of evidence. His own medical knowledge is a significant asset to every type of case—and he has impressive access to the local medical community to secure the expert witness testimony that may be required. Whether you need to handle interviews with insurance claims adjustors or if you need to testify in court, Dr. Wilson takes the time needed to carefully prepare you for anything that you need to do.

Contact Dr. Wilson, Washington DC medical malpractice attorney

Having a lawyer who is also a physician can make a significant difference in the outcome of your case. For a free initial consultation with Dr. Wilson, call him at 202-684-2889 or contact him online. Located in Washington, D.C., the practice regularly assists clients in the Washington, D.C. Metro area, including Maryland and Virginia, and throughout the United States.

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The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. Not admitted in Maryland or Virginia.