How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits can be very complicated. There are certain guidelines to follow, including a time limit within which the lawsuit may be filed.

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

Complaint

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

The basis for malpractice claims is the notion that a doctor, nurse or other healthcare provider owes a patient a minimum standard of care. This is defined as the degree of expertise and prudence that a reasonably prudent medical professional with similar training would exhibit in similar situations. Your legal team will have to prove that your doctor breached this standard and caused injuries to which you sustained damages quantifiable.

A doctor's standard of care is usually a matter of opinion and is often difficult to prove. This is why it is essential to select a law firm that has access to experts who can give testimony on the medical field and what a reasonable professional in the same situation as your doctor would have done.

Not only doctors make mistakes, but so can hospital personnel, like anesthesiologists and nurses. This is particularly relevant to emergency room personnel where mistakes are frequently caused by a busy environment and overworked staff. Your attorney may be able obtain evidence from experts in the emergency department who can explain what should have been done and how the actions of your doctor were not up to the standard.

Discovery

During the discovery process your lawyer will gather and look over evidence that could be used to support a malpractice claim. This includes medical documents, witness statements, expert testimony and more. The legal team on the other side can also have the chance to request the information from you and your attorney. This can be done via interrogatories or requests for documents. Certain materials are considered to be privileged and confidential due to privacy laws, firm for instance HIPAA's Privacy Rule.

You must also prove your injury was caused by the medical professional's negligence. This is the most difficult element of a medical malpractice case since it requires expert evidence to support your claim.

Your lawyer will also call witnesses that can prove that the doctor was negligent. This could include radiologists dentists nurses, assistants, as well as other individuals who were involved in the care of your health. Your lawyer is skilled in preparing strong and persuasive depositions to convince these witnesses to admit that the doctor's negligence was not their fault.

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

Trial

Your attorney will file a formal complaint after conducting the initial investigation. If they find that you have a strong case of malpractice, Firm then they will file the complaint. This will clearly outline the allegations and must be delivered to the defendant along with the summons.

Discovery is the next step. The next phase is discovery. This includes the exchange and deposition of witnesses. Your lawyer will use these statements to prove that the doctor violated the standards of care. The goal is to prove that the error resulted of the doctor's negligence and caused damage.

Your medical malpractice law firm attorney will also work with one or more expert witnesses to prove your claim. They will be provided with medical records as well as detailed information regarding your case, to prepare for their deposition and testimony. They can also assist in preparing your case for trial.

As part of the trial preparation the attorney will initiate negotiations for settlement with the defense. This process is ongoing throughout the course of the trial and can last for years. During this time, it is important that you are recovering from your injuries and determining the extent of your damages. It is in everyone's best interests to settle the matter out of the courtroom and avoid litigation whenever it is possible. Your attorney will carefully evaluate the advantages of a settlement offer against your present and long-term recovery. If the settlement is reasonable your lawyer will advise you to accept it.

Damages

During the discovery phase, plaintiffs have to prove that their losses are significant and that the negligence of the defendant contributed to these losses. For example, if the doctor failed to inform the patient that a surgical procedure had a 30% chance of losing a limb. If the surgery was performed perfectly but the patient lost their arm or limb, the doctor could be held liable for malpractice.

A victim could also prove that a competent lawyer could have prevented or reduced the financial loss. This is commonly referred to as the "but for" test. It is also essential to prove that the plaintiff incurred costs to pursue a legal claim that is greater than the amount they seek in compensation.

Our medical malpractice attorneys can explain the various types of damages that may be given in a malpractice lawsuit including past, current and future medical expenses as well as loss of income, pain and discomfort, and other economic or non-economic loss. The more money you are awarded, the more serious injury. However, a ruling that is successful can sometimes be overturned on appeal. Therefore, settling the case outside of court can be an advantageous option for some clients. It will save time and money on costs for litigation, as well as avoid the potential risk of having a jury judge cases on the basis of emotion rather than fact.