How to File a Medical Malpractice Lawsuit

Medical malpractice suits are complicated. There are specific guidelines to follow, such as the time frame within which the lawsuit can be filed.

In addition to showing negligence, the claimant must also prove that the doctor's actions caused injuries and losses. This will require hospital and medical documents.

Complaint

Your attorney will make a court complaint and summons once he or she has discovered evidence of negligence. The complaint names the defendants in your case, and clearly outlines the allegations that you are making against them.

Malpractice claims are based on the notion that nurses, doctors, or other healthcare providers owe a patient the highest standard of care. This standard is defined as the level of competence and care that a reasonably prudent medical professional with the same training would apply in similar circumstances. Your legal team must to show that your doctor did not meet this standard and caused injuries to which you sustained damages quantifiable.

A physician's standard of care is usually an issue of opinion, and it is often difficult to prove. This is why it's crucial to choose a law firm that has access to experts who can provide testimony about the medical field and what reasonable professionals in your situation would have done.

Not only physicians can make mistakes, but so can hospital personnel, such as nurses and anesthesiologists. This is especially the case for emergency room personnel where mistakes are frequently caused by a busy environment and overworked employees. Your lawyer may be in a position to obtain experts from emergency room personnel who can show what could have been done differently and how your doctor failed to fulfill this standard.

Discovery

In the discovery phase the attorney will gather and analyze evidence that could help in proving a malpractice case. This could include medical records, witness statements, as in addition to expert testimony. The legal team of the other side will also have the option to request the information from you and your attorney. This is typically done via interrogatories and requests for the production of documents. However, certain materials could be privileged or confidential due to privacy laws, such as HIPAA and its Privacy Rule.

It is also necessary to prove that your injury was the result of a negligent doctor. This is the most difficult aspect of a medical malpractice case since it requires expert testimony to back your claim.

Your lawyer will also call witnesses to prove that the doctor was negligent. This could include radiologists dentists, nurses, assistants and others who were involved in the treatment of your health. Your attorney will be skilled in preparing strong and persuasive depositions that force these witnesses to admit that the doctor's negligence was a factor.

Most lawsuits are resolved, or settled, prior to reaching the trial stage. For medical malpractice cases it is a common practice since the cost of going to trial can be expensive. Once the facts of your case have been established, a settlement could be reached between you and the insurance company of the doctor. If a settlement isn't attainable your case will go to trial.

Trial

Your attorney will file a lawsuit after an initial investigation. If they find that you have a compelling case of malpractice, they will file the complaint. This will clearly state the allegations and will be given to the defendant along with the summons.

The next phase is discovery. The next phase is discovery. This involves the exchange and deposition of witnesses. Your lawyer will make use of these documents to prove your doctor's breach of the standard of care. The objective is to establish that the error was a result of negligence on the part of the doctor and caused damage.

Aside from the witness statement, your medical malpractice attorney will also work with two or more expert witnesses to back up your claim. These experts will receive medical records and detailed information regarding your case to prepare for their deposition and testify. They can also assist in making your case ready for trial.

Your lawyer will begin discussions on settlement with the defense team as part of the trial preparation. The process continues throughout the trial, and can take up to several years. During this time, you will be recovering from your injuries and determining the size and amount of your injuries. It's in everyone's best interest to settle out of court and avoid litigation whenever feasible. Your attorney will carefully assess the merits of any settlement with your current and future recoveries. If the settlement offers are reasonable your lawyer will convince you to accept it.

Damages

During the discovery phase, plaintiffs will be required to prove that their losses are substantial and that negligence on the part of the defendant has contributed to these losses. For instance, Malpractice Attorney if a doctor did not inform the patient that the surgery carried a 30 percent chance of losing a limb and the procedure was carried out perfectly but the patient lost their arm and the medical professional could be held accountable for negligence.

To have a viable malpractice lawsuit, the person who is suing must also show that a competent attorney could have helped reduce their financial loss, or at a minimum, lessen the size. This is commonly referred as the "but for" test. It is also necessary to show that the plaintiff incurred costs in pursuit a successful legal claim that is greater than the amount they seek in compensation.

Our medical malpractice lawyers are able to explain the various types of damages that could be sustained in a malpractice lawyer lawsuit including past, present and future medical expenses loss of income, pain and suffering as well as other non-economic losses. The higher the amount the more serious the damage. A decision that is found to be a success could be rescinded by appeal. So, settling outside of court could be an advantageous alternative for some clients. It will save money and time in court costs. It also reduces the possibility of a jury choosing a case based on emotions rather than facts.