To start a medical malpractice lawsuit due to a misdiagnosis, call the medical licensing board governing medical licenses, find out the set period your state allows for filing a claim and get a certificate of merit by obtaining a medical assessment from another doctor, recommends FindLaw. Discuss with an experienced medical malpractice attorney whether you should consider reaching a settlement out of court or proceed with the case to receive a larger compensation.
Before filing the lawsuit, talk to the health care professional responsible for the misdiagnosis and see if a solution other than litigation is possible, advises FindLaw. The doctor may offer solutions such as free medical services to treat your condition. If you and your doctor fail to reach an agreement, contact your state's medical licensing board, allowing the board to issue warnings to the medical provider and also guide you on what to do next.
Medical malpractice cases and other civil claims have statutes of limitations, which require a plaintiff to file a claim within a specific period since the occurrence of the injury, explains FindLaw. Many states also require claimants to acquire a certificate of merit to establish that the injuries suffered actually resulted from a medical provider's negligence or misdiagnosis. Consider settling the claim outside the court, as many insurance firms decline numerous medical malpractice claims, and the lawsuit process is often costly and time-consuming.