Video Transcript
You have to gather all of the records and provide them to a physician or sometimes a nurse or hospital administrator, but it has to be someone of like specialty. So if it’s potentially a case of orthopedic malpractice, you have to have an orthopedic surgeon assist you. If it’s a case of labor and delivery nursing malpractice, you have to have a labor and delivery nurse who looks at the record. That person must be actively working or teaching in their area or within three years. Then after they review the records, they have to give you an affidavit which is sworn testimony under oath that they have reviewed the records and that in their opinion this healthcare provider fell below the standard of care, which is sort of the legal terminology for, was medically negligent. And that affidavit allows you to initiate a pre-suit period. And then once you go through the pre-suit period and all of its requirements, then you can file your lawsuit.
