How to File a Medical Malpractice Lawsuit

Medical malpractice suits are complex. There are certain guidelines to be followed including a certain time period during which the suit can be filed.

The claimant also has to prove that the doctor's actions resulted in injuries and losses. This will require hospital and malpractice lawyer medical documents.

Complaint

When your attorney's inquiry has revealed evidence that a malpractice has occurred, he or she will file a formal complaint in court and issue summons. The complaint will identify the defendants, and then state the allegations you have made against them.

Malpractice claims are founded on the idea that doctors, nurses or other healthcare providers owe a patient the same level of care. This is the amount of skill and caution a reasonably prudent doctor with similar training would employ in similar situations. Your legal team has to prove that your doctor did not adhere to this standard and resulted in you suffering quantifiable injury.

The standard of care for a doctor is often an issue of opinion and can be difficult to prove. It is crucial to choose an attorney who has access to experts in the field of medicine to provide proof of what a professional of reasonable standards would have done.

It's not just physicians who commit medical errors, hospital staff members, like nurses and anesthesiologists, also can be liable for malpractice. This is particularly relevant to emergency room personnel where mistakes are often due to a crowded atmosphere and overworked workers. Your attorney may be able to get testimony from experts in the emergency room who can help demonstrate what could have been done and how your doctor's actions did not meet the standards.

Discovery

During the discovery stage, your attorney will collect and review evidence that could support a malpractice case. This includes medical documents, witness statements expert testimony and more. These records can also be requested by the opposing legal team. This is done by interrogatories or requests for documents. However, certain materials could be classified as confidential or privileged due to privacy laws, such as HIPAA and its Privacy Rule.

You must also prove your injury is due to the doctor's negligence. This is the most difficult part of a medical malpractice case since it requires expert witness testimony that supports your claim.

Your lawyer can also question witnesses who can prove the doctor was negligent. This could include radiologists, dentists as well as nurses, assistants and other people who were involved in the care of your health. Your lawyer will know how to take effective and strong depositions to ensure that witnesses to admitting that the doctor was negligent.

Most lawsuits are resolved, or settled, before they get to the trial stage. In the case of medical malpractice it is a common practice due to the fact that going to trial can be expensive. Once the facts are established and you have a chance to negotiate an agreement with the doctor's insurer. If a settlement isn't possible the case will go to trial.

Trial

After your attorney has completed the initial investigation and decides you have an excellent malpractice case, they will file the complaint. This will clearly outline the allegations and must be handed to the defendant in a summons.

The next phase is discovery. The next phase involves discovery. This involves the exchange and deposition of witnesses. Your lawyer will use these evidences to prove your doctor's breach of the standard of care. The goal is to establish that the error was the result of the negligence of the doctor and caused damages.

In addition to the witness statement Your medical malpractice lawyer will collaborate with two or three experts to support your claim. These experts will receive medical records as well as detailed information regarding your case in order to prepare for their testimony and deposition. They may also assist in preparing your case for trial.

Your attorney will begin negotiations with the defense team as part of the trial preparation. This process can last for several years. In this time, you are recovering from your injuries and determining how much of your losses. It is in everyone's best interests to settle outside of the court and avoid litigation as often as possible. Your lawyer will carefully evaluate the merits of any settlement with your current and potential recovery. If the settlement is reasonable the lawyer will advise you to accept it.

Damages

During the process of discovery the plaintiffs must prove that their losses were substantial and that the negligence of the defendant caused the damages. For instance, if a doctor did not inform the patient that a surgical procedure carried a 30 percent chance of losing a limb and the procedure was carried out perfectly but the patient lost their arm or limb, the doctor could be held accountable for malpractice.

To have a viable malpractice law firms lawsuit, the victim must prove that a competent attorney could have been able to avoid financial loss or at the very least, reduce the amount. This is commonly referred as the "but for" test. It is also required to show that the plaintiff has incurred costs in pursuit a successful legal claim, which is greater than the amount sought in compensation.

Our medical malpractice attorney lawyers can explain the different types of damages that could be suffered in a malpractice lawsuit including past, present and foreseeable medical expenses, lost income, pain and suffering and other economic and non-economic losses. In general, the more serious the injury, the higher the amount of compensation. However, a verdict that is deemed to be a success is sometimes overturned when appealed. Settlements that are not in court may be advantageous for some clients. It can save time and money on costs for litigation, as well as avoiding the risk of having a jury decide a case on the basis of emotions rather than fact.