The first step for filing a spinal fusion lawsuit is to contact an experienced medical malpractice attorney. Although you might be able to receive just compensation for another type of personal injury case on your own, filing a medical malpractice lawsuit requires the legal support of a highly-rated litigator. There is too much at stake for you to settle for an inexperienced and/or poorly trained personal injury lawyer.
After you hire an experienced spinal fusion attorney, your legal counsel guides you through the remaining steps for filing a spinal fusion lawsuit.
Contact the Healthcare Provider
One of the most important reasons for hiring a state-licensed medical malpractice lawyer is to have a litigator act as an intermediary between you and the other parties involved in your case. As the first party your legal counsel contacts, the healthcare facility where you underwent spinal fusion surgery must answer your claim of negligence. Reaching out to the healthcare provider might lead to a resolution of your case before it reaches the trial phase of the litigation process.
Speak With a Representative From the Appropriate Medical Licensing Board
If reaching out to the healthcare provider does not result in a satisfactory conclusion to your case, your legal counsel contacts the medical licensing board that oversees the performance of the surgeon or surgeons that operated on you during spinal fusion surgery. Although the appropriate medical licensing board cannot force the healthcare provider to compensate you, the medical licensing board can discipline the healthcare provider, which includes revoking the medical license of the surgeon who performed the spinal fusion surgery on you.\
Acquire and Organize Your Medical Records
An experienced medical malpractice attorney knows which medical records present the most convincing evidence of medical negligence. The results of diagnostic tests coupled with a detailed description of the surgical procedure performed on you might indicate one or more acts of medical negligence. Obtaining your medical records on your own can lead to the healthcare provider stalling, which is another reason to hire a medical malpractice lawyer who has developed a reputation for getting clients the compensation they deserve. Your legal counsel applies pressure on the healthcare provider to release your medical records.
Notify Your Insurance Company
Acting as an intermediary between you and your insurance company, your medical malpractice lawyer helps you file a compelling claim. Your legal counsel prevents the standard stonewalling tactics used by many insurance companies, as well as interacts with an insurance adjuster directly to ensure your claim receives the attention required to make an informed decision. Do not contact your insurance company until you meet with one of our medical malpractice litigators during a free case evaluation.
Get a Second Opinion
Although your medical records represent powerful evidence of negligence, getting a second opinion from a properly licensed and credentialed healthcare provider can help you receive monetary damages. The second opinion can come from a healthcare provider you know or from the suggestion of a medical malpractice attorney from Morgan & Morgan. A growing number of states require patients to file a “certificate of intent” before filing a medical malpractice lawsuit.
Negotiate a Settlement
During the discovery phase of a civil trial, both parties meet to exchange evidence and the statements made by witnesses. The sharing of information encourages both parties to negotiate a favorable settlement, which means you do not have to go through a costly and time-consuming civil trial. However, if the attorney who we assign to represent you during a spinal fusion lawsuit cannot reach a settlement agreement with the other party, your legal counsel will not hesitate to take your case to trial.
Go to Trial
Taking your spinal fusion lawsuit to trial represents the last step of the litigation process. This step requires legal representation by an experienced medical malpractice attorney who understands how to make the strongest case possible for just compensation.