How to File a Medical Malpractice Lawsuit

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

In addition to proving negligence, the person seeking compensation must prove that the doctor's actions led to injuries and losses. This will require medical and hospital records.

Complaint

When your attorney's inquiry has uncovered evidence that malpractice has occurred, he or she will file a formal complaint in court and issue a summons. The complaint will name the defendants and describe the allegations against them.

The basis for malpractice claims is the belief that a physician or healthcare professional owes a patient a certain standard of care. This is defined as the level of care and skill that a reasonable medical professional trained similarly would exhibit in similar situations. Your legal team has to prove that your doctor violated this standard, resulting in injuries from which you sustained quantifiable damages.

A doctor's standard of care is usually an issue of opinion and can be difficult to prove. It is crucial to employ an attorney who has access to experts in the medical field to testify about what a reasonable professional would have done.

Not only physicians can make mistakes, but so do hospital staff, such as anesthesiologists and nurses. This is especially true for emergency room staff, as mistakes are frequently made due to a chaotic environment and overworked employees. Your attorney may be able to get experts from emergency room staff who can show the circumstances that led to the incident and how your doctor failed to meet the standards.

Discovery

During the discovery phase during the discovery phase, your attorney will collect and review evidence that could prove a malpractice claim. This includes medical records, witness statements expert testimony, and more. These records can be requested by the legal team opposing the case. This is done by interrogatories or requests for 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 that your injury is due to the doctor's negligence. This is the most challenging part of a medical malpractice claim because it requires expert witness testimony that proves your claim.

Your lawyer will also depose witnesses who can demonstrate the negligence of the doctor. This could include nurses, assistants radiologists, dentists, and others who were involved in your care. Your attorney will be skilled in preparing powerful and effective depositions in order to convince these witnesses to admit that the doctor's negligence was a factor.

Most lawsuits are settled, or settled, before they reach the trial stage. This is particularly common in medical malpractice cases as the costs involved in a trial can be extremely high. Once the facts of your case have been established, a settlement could be agreed upon between you and the insurance company for the doctor. If a settlement isn't attainable your case will proceed to trial.

Trial

Your attorney will file a complaint following an initial investigation. If they conclude that you have a solid case for malpractice, then they will file the complaint. The complaint will be clear in its allegations and must be handed to the defendant along with a summons.

Discovery is the next phase. The next phase involves discovery. This includes the exchange and depositions of witnesses. Your lawyer will use these statements to prove that the doctor did not follow the standard of care. The aim is to prove that the error was the result from the negligence of the doctor that caused damages.

Your medical malpractice lawyer will also collaborate with one or more expert witnesses to back your claim. These experts will be given medical records and specific information regarding your case in order to prepare for their deposition and testimony. They may also assist in preparing your case for trial.

Your lawyer will initiate talks with the defense team as part of the preparation for trial. This process could last for many years. During this time, you are recovering from your injuries and determining the severity of your damages. If possible, it's beneficial for everyone to avoid litigation and settle out of court. Your lawyer will carefully weigh the advantages of a settlement offer against your current and future recovery. If the settlement seems reasonable your lawyer will convince you to accept it.

Damages

During the discovery phase, plaintiffs will need to prove that their losses are significant and that negligence on the part of the defendant contributed to these losses. For example, if the doctor failed to inform the patient of the 30% likelihood that the procedure will result in the loss of a leg, and the procedure was successful, but the patient lost a limb in the process, then the medical professional may be held accountable for negligence.

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

Our medical malpractice lawyers can explain the various types of damages given in a malpractice lawsuit including past, current and future medical expenses, as along with lost income or income, pain and discomfort and other non-economic loss. The more serious the injury, the greater the amount of compensation. A ruling that is deemed to be successful can be rescinded by appeal. Settlements outside of court may be beneficial to some clients. It will reduce time and cost in court costs, as well as avoiding the risk of having a jury decide cases on the basis of emotions instead of fact.