How to File a Medical Malpractice Lawsuit

Medical malpractice suits are complicated. There are specific guidelines to be followed, which include the time frame within which the lawsuit may be filed.

In addition to showing negligence, the claimant must prove that the actions of the doctor caused injuries and losses. This will require hospital and medical records.

Complaint

Your lawyer will submit a court complaint as well as summons after he has discovered evidence of negligence. The complaint will identify the defendants and make the allegations you have made against them.

The basis for malpractice claims is the notion that a doctor or nurse or any other healthcare provider is obligated to a patient a minimum standard of care. This standard is defined as the amount of care and skill that a reasonable medical professional who has similar training could exercise in similar situations. Your legal team will have to prove that your doctor breached this standard and caused injuries to which you suffered quantifiable damages.

It can be challenging to prove that a physician's standards are comparable to another doctor's. This is why it is important to work with a legal firm with access to expert witnesses who can give testimony on the medical field and what reasonable professionals in the same situation as your doctor would have done.

It is not just physicians who make medical errors; hospital staff members, such as nurses and anesthesiologists, also can be liable for malpractice. This is especially true of emergency room staff, as mistakes are frequently made due to a hectic atmosphere and overworked employees. Your attorney might be able to secure testimony from experts in the emergency department who can help demonstrate what should have been done and how the actions of your doctor did not meet the standards.

Discovery

In the discovery phase the attorney will gather and analyze evidence that could support a malpractice case. This includes medical documents, witness statements expert testimony, Malpractice attorney and more. This information can be requested by the legal team opposing the case. This usually happens through inquiries and requests for production of documents. Certain documents may be considered to be confidential and confidential because of privacy laws, for instance HIPAA's Privacy Rule.

You must also prove your injury is due to the doctor's negligence. This is the most difficult aspect of a case involving medical negligence since it requires expert testimony to back your claim.

Your lawyer can also question witnesses to prove that the doctor was negligent. This could include radiologists, dentists, nurses, assistants and other personnel who were involved in the treatment of your health. Your lawyer will be adept in taking effective and convincing depositions to convince these witnesses to admit that the doctor's negligence was not their fault.

Most lawsuits are resolved, or settled, prior to reaching the trial stage. For medical malpractice cases this is particularly common because the cost of going to trial can be quite expensive. After the facts of your case have been established, a settlement could be negotiated between you and malpractice attorney the insurance company of the doctor. If a settlement isn't feasible your case will proceed to trial.

Trial

After your attorney has completed the initial investigation and determines you have a strong malpractice case, they will file the complaint. It will state clearly your allegations and will be served on the defendant along with a summons.

Discovery is the next step. The next phase is discovery. This includes the exchange and deposition of witnesses. The lawyer will use the statements to prove that the doctor acted in violation of the standard of care. The objective is to establish that the error was the result of negligence by the doctor and caused damages.

Aside from the witness statement, your medical malpractice attorney will work with two or three experts to support your claim. They will be provided with medical records and specific information regarding your case in order to prepare for their deposition and testimony. They may also help prepare your case for trial.

As part of the preparation for trial your attorney will begin negotiations for settlement with the defense. This process can go on for several years. During this period, you will be recovering from your injuries while determining the amount and value of your losses. It's in everyone's interest to settle out of the court and avoid litigation as often as feasible. Your attorney will carefully compare the merits of any settlement offer with your current and future recovery. If the settlement is reasonable, then your lawyer will encourage to accept it.

Damages

During the discovery phase, plaintiffs will be required to prove that their losses are significant and that negligence on the part of the defendant contributed to the damages. If, for instance, the doctor failed to inform the patient of the 30% possibility that the procedure might result in the loss of a limb, and the surgery was perfect but the patient lost an arm in the process, then the medical professional may be held accountable for negligence.

A victim could also prove that a competent lawyer could have prevented or mitigated their financial loss. It is sometimes referred to the "but for test". Additionally, it is important to show that the plaintiff's expenses to pursue a legal claim that is more than the amount of compensation sought.

Our medical malpractice lawyers are able to explain the various forms of damages that may be attained in a malpractice lawyer case including past, present and future medical expenses and lost income, as well as suffering and other economic and non-economic losses. The higher the amount is, the more serious injury. However, a verdict that is deemed to be a success is sometimes overturned upon appeal. Therefore, settling the case outside of court can be a good option for certain clients. It will save money and time in court costs. It also reduces the possibility of a jury deciding a case based on emotion rather than fact.