It is true that from a legal standpoint, anybody can handle a medical malpractice claim without hiring medical malpractice attorney .But most of the people questions about whether or not to move ahead without an attorney is a good idea and how to process a medical malpractice claim without an attorney. Knowing the process helps to take a decision as whether to hire an attorney or not.
In the civil law, any case related to medical malpractice seems to be most challenging. Lawyers that represent people are specialists with significant experience in malpractices. But if you have made your mind to pursue a malpractice claim without an attorney then understand several things as how to process a malpractice claim without an attorney.
How to process a malpractice claim without an attorney
The first step is to draft a demand letter to the concerned that you feel being guilty of medical malpractice. Give clarity on the nature of claim and damages you suffered. Set the amount of money that you will accept for settlement and specify a deadline to the doctor to respond. Always advise that legal action will be taken in case of no-response within the deadline.
Then you need to inform the malpractice insurance provider of your case.Although, the duty to notify lies on the professional but it’s always better to make such notification to protect your interests. The doctor or the hospital owner needs to provide the victim the name of the insurance carrier. In case he fails to fulfil the requirement, then you can get the information directly from the state licensing authority.
Next, you need to send the demand letter to the doctor under question. Make sure to take the return receipt as the victim needs evidence to manifest that the demand letter was received at the doctor’s end. Then fill out any claim forms given by insurance company and attach a copy of demand letter along with it.
Go ahead and file a petition in civil court if the doctor fails to give you an agreeable settlement. The petition is a court document that initiates a lawsuit. The court staffs maintain all the procedural guidelines and forms for documents filed in a civil lawsuit.
Afterwards, file a complete petition in the court and request him to direct the sheriff’s office to serve the petition and summon on the doctor or the hospital owner you content as guilty of malpractice. Whenever you’re faced with any type of legal action, the decision to hire a professional medical malpractice lawyer should be weighed carefully and the benefits must exceed the fees of the attorney.