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Nobody likes to be involved in medical malpractice. Still, if you or someone you love is a patient who has been harmed by a misdiagnosis or poor medical treatment, then you must take the necessary steps to hold the responsible accountable. 

But how do you go about it, exactly? Your trusted medical malpractice lawyer in Birmingham, AL, shares the first steps you need to take when starting a medical malpractice case:

Contact the Involved Medical Professional

To begin a medical malpractice claim, you first have to contact the physician or other medical professional directly involved in the misdiagnosis or poor treatment. This is a requirement before you can file the case.

Your lawyer can send a letter on your behalf, so you don’t have to deal with this on your own. This letter should include the details of the medical errors you experienced and the damages you suffered, including:

  • The medical professionals involved
  • The medical facility where the alleged negligence occurred
  • The medical procedures you received and when

Reach Out to the Relevant Medical Licensing Board

In addition to contacting the professional directly, it’s crucial for you to contact the relevant medical board. The board represents the profession and ensures that professionals follow their ethical obligations. You should inform the board of the incident(s) that you suffered and the consequences.

Determine How Long You Have to File a Claim

In most states, there is a statute of limitations for filing medical malpractice claims. The statute of limitations varies based on state law, but it is typically two or four years from the incident. For example, in many Alabama medical malpractice cases, you have two years from the incident to file. If you wait too long to file your claim, then you risk losing your right to compensation.

Make Sure Your Case Has Merit By Getting a Medical Assessment

Your lawyer can arrange for you to meet with a physician or other medical professional who can assess the severity of your injuries and the damages you have suffered. This will help your medical malpractice lawyer in Birmingham, AL, determine the merits of your case.

Obtain the Necessary Evidence

Since medical malpractice cases are complicated, you should have all the information and evidence necessary for your lawyer to build the strongest case possible. This includes the following:

  • Hospital reports
  • Prescriptions

Doctor’s notes

  • Treatment records
  • Medical bills
  • Medical experts’ opinions
  • A medical report from the nurses and other hospital staff
  • A complete list of your injuries and damages

If you need to get a medical professional to report your injuries, you should obtain a report from the following as soon as possible:

  • An emergency room doctor
  • An oral and maxillofacial surgeon
  • A radiologist

Consider an Out of Court Settlement

If both parties agree with the settlement terms and can reach an agreement, sometimes a lawsuit can be avoided. Your lawyer will advise you on this option and help you decide whether to go ahead with your case.


Medical malpractice can be an extremely painful and long-term process. So, before you begin your case, you want to be certain that you have a strong case and the best chances of winning. Having the right medical malpractice lawyer in Birmingham, AL, can make a huge difference.

The MHM Firm can provide you with expert legal services from a reputable medical malpractice lawyer in Birmingham, AL. The lawyers of McCallum, Hoaglund & McCallum, LLP have more than 75 years of experience under our belt. Contact us today for legal consultation, and we’ll help you through your medical malpractice case.