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What happens before I receive a medical malpractice claim?

Doctors and medical professionals work hard and long to get their credentials. Then, every day, they strive to make sure their patients’ health and safety are secured. Unfortunately, despite their best efforts, some patients may not disagree, and this is where a medical malpractice case may be filed. Though, several things happen even before the doctor or other medical professional even hears about a medical malpractice claim.

First, a medical malpractice claim can hit any medical professional, from the orderlies all the way up to the surgeons and California hospitals, and everyone in between. These cases, usually, occur when a patient believes that they were injured by the medical professional in some way.

First step

Once an injury (whether perceived or real) occurs, most people believe that the patient will seek out advice from a lawyer on whether or not the medical provider was negligent. In other words, whether the medical provider failed to provide property care that another medical provider would have provided in similar circumstances. However, step one is usually contacting the medical professional involved directly. That call will usually involve them trying to get an understanding of why a procedure was done and whether the provider can remedy the perceived harm. And, it is at this point where many medical malpractice claims can be avoided by performing remedial services, usually for free.

Medical licensing board

Even before contacting an attorney, many patients will contact the local or state medical licensing board. While these boards cannot order compensation, medical providers can issue warning and disciplinary actions that have a real and negative affect on the provider.


If, after these steps, the Bay Area patient is still not satisfied, their final call will usually be to a medical malpractice attorney to file a claim against the medical provider. This is why, usually, medical providers know that a medical malpractice claim will be coming long before a lawyer contacts them. They likely have received some correspondence with the patient first, another professional second and maybe, the medical board themselves. If a medical provider is not able to work the issue out with the patient in the first place, it may be a good idea to contact their own attorney to protect their own interests. Even if a hospital or other medical practice provide their own attorney, the interests of that attorney’s client (the hospital, group practice, etc.) may not always be the same as the California medical provider themselves.