How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits are complex. There are specific guidelines to be adhered to including a specified time period within which the suit could be filed.

The plaintiff must also prove that the doctor's actions resulted in injuries and losses. This will require medical and hospital records.

Complaint

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

Malpractice claims are based on the idea that a doctor or nurse or any other healthcare provider owes a patient a standard of care. This is defined as the level of competence and care that a reasonably prudent medical professional who has similar training would exercise in similar circumstances. Your legal team needs to show that your doctor did not meet this standard that resulted in injuries due to which you sustained quantifiable damages.

It can be challenging to prove that a physician's standards are comparable to another doctor's. It is crucial to choose an attorney who has access to experts in the field of medicine to testify about what a reasonable doctor would have done.

It's not just doctors who make mistakes, but also hospital personnel, such as nurses and anesthesiologists. This is particularly true for emergency room personnel, where mistakes are often attributed to the crazed atmosphere and overworked workers. Your lawyer may be in a position to get experts from emergency room personnel who can provide evidence of what could have been done differently and how your doctor failed to meet this standard.

Discovery

During the discovery phase the attorney will gather and analyze evidence that could be used to support a malpractice claim. This includes medical records, witness statements expert testimony and more. The legal team of the other side will also have the opportunity to obtain this information from you and your attorney. This is typically done through interrogatories and requests for production of documents. Certain materials may be privileged and confidential due to privacy laws, for instance HIPAA's Privacy Rule.

You must also prove your injury is the result of the negligence of the doctor. This is the most difficult part of a malpractice claim because it requires expert witness testimony that proves your claim.

Your lawyer will also call witnesses to prove that the doctor was negligent. This can include radiologists, dentists, nurses, assistants and others who were involved in the care of your health. Your lawyer is skilled at taking strong and effective depositions to convince these witnesses to admit that the doctor's negligence was a factor.

The majority of lawsuits are settled prior to trial. In medical malpractice cases, this is especially common since the cost of going to trial can be quite expensive. Once the facts are established you can negotiate a settlement with the doctor's insurer. If a settlement isn't feasible the case will go to trial.

Trial

Your lawyer will file a formal complaint after completing the initial investigation. If they conclude that you have a compelling case for malpractice, then they will file the complaint. This will clearly state your allegations and must be served to the defendant along with a summons.

Discovery is the next step. This includes the exchange of medical records as well as depositions from witnesses. Your lawyer will use the statements to prove that the doctor acted in violation of the standard of care. The aim is to demonstrate that the error was caused by the negligence of the doctor, and caused damages.

In addition to the witness statement Alongside the statement of the witness, your medical malpractice attorney will work with two or more experts to support your claim. They will be provided with medical records and detailed information regarding your case, to prepare for their depositions and testimonies. They may also assist in preparing your case for trial.

As part of the trial preparation your lawyer will start settlement negotiations with the defense. This process continues throughout the trial, and can take up to several years. During this time, you'll be recovering from your injuries and determining the amount and value of your injuries. When you can, it's in everyone’s best interest to avoid litigation and settle outside of court. Your lawyer will carefully evaluate the merits of any settlement offer against your current and future settlement. If the settlement seems reasonable your lawyer will convince you to accept it.

Damages

During the discovery process Plaintiffs must demonstrate that their losses were substantial and that the negligence of the defendant was a factor in the damages. For instance, if a doctor did not inform the patient that a surgery carried a 30 percent chance of losing a limb. If the procedure was done correctly but the patient lost their arm and the medical professional could be liable for malpractice.

To be able to bring a valid malpractice lawsuit, the victim must also show that a competent attorney could have helped prevent their financial loss or at least minimize the amount. This is commonly referred as the "but for" test. In addition, malpractice lawsuits it is required to prove that the plaintiff's expenses to pursue a successful legal claim that are over the amount of compensation sought.

Our medical malpractice lawyers can explain the different types of damages that can be sustained in a malpractice lawsuit including future, present and past medical expenses loss of income, suffering and other non-economic losses. Generally, the more serious the injury, the more the amount of compensation. A verdict that is successful could be rescinded by appeal. So, settling outside of court can be a beneficial option for certain clients. It could save money and time in court costs. It also reduces the risk of having a jury ruling on a case based upon emotion instead of fact.