How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits can be a little complicated. There are certain guidelines to follow, for example a time limit within which a lawsuit can be filed.

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

Complaint

Once your attorney's investigation has uncovered evidence that malpractice occurred, he or she will file a formal complaint in court and issue a summons. The complaint identifies the defendants in the case and outlines the allegations that you are making against them.

Malpractice claims are based on the notion that doctors, nurses or other healthcare providers are obligated to a patient an appropriate level of care. This standard is defined as the degree of competence and care that a reasonably prudent medical professional with similar training would exercise in similar circumstances. Your legal team must show that your doctor violated this standard and caused you to suffer damage.

The standard of care for a doctor is usually an issue of opinion, and can be difficult to prove. This is why it is crucial to choose a law firm that has access to expert witnesses who can give testimony on the medical field and what an experienced professional in your doctor's position would have done.

It's not just doctors who commit medical errors, hospital staff members, such as nurses and anesthesiologists, also can be liable for malpractice. This is particularly true of emergency room personnel, where errors are usually due to a crowded environment and overworked staff. Your attorney might be able to get testimony from experts in the emergency room who can help demonstrate the proper procedure and how your doctor's actions did not meet the standards.

Discovery

During the discovery process during the discovery phase, your attorney will collect and look over evidence that could be used to be used to support a malpractice attorneys claim. This includes medical records, witness statements, as in addition to expert testimony. The legal team representing the other side can also have the chance to request the information from you and your attorney. This is typically done via interrogatories and requests for production of documents. Certain materials could be protected and private due to privacy laws, for instance HIPAA's Privacy Rule.

It is also necessary to prove that your injury was caused by the negligent doctor. This is the most difficult component of a medical negligence case, as it requires expert testimony to back your claim.

Your lawyer will also depose witnesses who can prove the negligence of the doctor. This can include assistants, nurses radiologists, dentists, and other personnel who were involved in your care. Your lawyer will know how to take powerful and effective depositions so that witnesses to accept that the doctor's negligence was a factor.

Most lawsuits are settled before going to trial. For medical malpractice cases this is the most common since the cost of going to trial can be expensive. After the facts of your case have been established, a settlement could be discussed between you and your insurer of your doctor. If a settlement isn't attainable the case will go to trial.

Trial

After your attorney has completed the initial investigation and concludes that you have a solid malpractice case, they will file the complaint. The complaint will be clear in its allegations and will be given to the defendant along with a summons.

Discovery is the next phase. This includes the exchange of medical records and depositions of witnesses. Your lawyer will use these statements to establish the doctor's breach of standard of care. The goal is to establish that the error was caused by the negligence of your doctor, and caused damages.

In addition to the witness statement Your medical malpractice lawyer will also work with one or two expert witnesses to support your claim. These experts will be provided medical records as well as detailed information regarding your case in order to prepare for their deposition and testify. They may also aid in the preparation of your case for trial.

Your lawyer will begin settlement discussions with the defense as part of the preparation for trial. This process is ongoing throughout the case and may last for years. In this time, you are recovering from your injuries and determining how much of your damages. If you can, it is beneficial for everyone to avoid litigation and settle outside of court. Your lawyer will carefully consider the advantages of a settlement offer against your current and long-term recovery. If the settlement seems reasonable your lawyer will convince you to accept it.

Damages

During the discovery phase, plaintiffs be required to prove that their losses are substantial and that negligence on the part of the defendant contributed to these damages. For instance, if a doctor failed to inform the patient that a surgery was a 30 percent risk of losing a limb. Moreover, if the procedure was completed perfectly but the patient lost their arm or limb, the doctor could be held accountable for malpractice.

In order to be able to file a valid malpractice attorneys lawsuit, the person who is suing must also show that a competent lawyer could have been able stop their financial loss or at the very least, reduce its size. This is often referred to as the "but for" test. It is also necessary to show that the plaintiff incurred costs in pursuit a successful legal claim, which are greater than the amount sought in compensation.

Our medical malpractice lawyers can explain the various types of damages caused by a malpractice lawsuit including past, present and foreseeable medical expenses loss of income, suffering and other economic and non-economic losses. The greater the amount of money awarded, the more serious injury. A successful verdict may be overturned through an appeal. Settlements outside of court can be beneficial for certain clients. It will save money and time on litigation costs. It also avoids the risk of a juror ruling on a case based upon emotions rather than facts.