How to File a Medical Malpractice Lawsuit

Medical malpractice suits are complicated. There are certain guidelines that must be met including a specified time period within which the suit could be filed.

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

Complaint

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

Malpractice claims are based on the premise that nurses, doctors, or other healthcare professionals owe patients the same level of care. This is the standard of competence and prudence that a reasonably prudent doctor with similar training would use in similar circumstances. Your legal team needs to show that your doctor breached this standard and caused injuries to which you sustained quantifiable damages.

It can be difficult to prove that a doctor's standards are comparable to another doctor's. This is why it is important to hire a law firm that has access to expert witnesses who can provide testimony about the medical field and what reasonable professionals in the same situation as your doctor would have done.

Not only doctors can make mistakes, but so can hospital staff, including nurses and anesthesiologists. This is particularly true of emergency room staff, as errors are usually due to the crazed atmosphere and overworked workers. Your lawyer may be able obtain evidence from experts in the emergency room who can help demonstrate the proper procedure and how the actions of your doctor did not meet the standards.

Discovery

During the discovery process during the discovery phase, your attorney will collect and examine evidence that may support a malpractice claim. This includes medical documents, witness statements, expert testimony, and more. The information may be requested by the opposing legal team. This is typically done via interrogatories and requests for production of documents. However, certain documents may be classified as confidential or privileged 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 negligence of the doctor. This is the most difficult element of a medical negligence claim as it requires an expert testimony to back your claim.

Your lawyer will also question any witnesses that can support the doctor's negligent actions. This could include radiologists, dentists nurses, assistants, and other personnel who were involved in the care of your health. Your lawyer will be adept at taking strong and effective depositions in order to convince these witnesses to admit that the doctor was negligent.

The majority of lawsuits are settled prior to trial. This is particularly true in medical malpractice cases because the costs of the trial process can be expensive. Once the facts of your case have been established, a settlement may be reached between you and the insurance company of the doctor. If no settlement can be reached, your case could proceed to trial.

Trial

Once your attorney has completed the initial investigation and concludes that you have a solid malpractice case, they will file the complaint. This will clearly state the allegations and must be delivered to the defendant with a summons.

Discovery is the next step. The next phase involves discovery. This includes depositions and exchange of witnesses. Your lawyer will make use of the statements to prove that your doctor violated the standards of care. The objective is to prove that the error was a result from the negligence of the doctor that caused damages.

In addition to the witness's testimony Your medical malpractice lawyer will work with one or two expert witnesses to back up your claim. These experts will receive medical records and detailed information regarding your case to prepare for their depositions and testimony. They may also assist in making your case ready for trial.

As part of the preparation for trial your attorney will begin negotiations for settlement with the defense. The process continues throughout the trial, and can take up to years. In this time, you will be recovering from your injuries and determining the magnitude and value of your injuries. It's in everyone's interest to settle outside of the courtroom and avoid litigation whenever possible. Your attorney will carefully weigh the merits of a settlement offer against your present and long-term recovery. If the settlement seems reasonable your lawyer will convince you to accept it.

Damages

During the discovery phase, plaintiffs need to show that their losses are substantial and that negligence on the part of the defendant has contributed to these losses. For instance, if a doctor failed to inform the patient that the procedure had a 30% chance of losing a limb. If the procedure was done correctly but the patient lost their arm or limb, the doctor could be held accountable for malpractice.

A victim may also demonstrate that a competent lawyer could have prevented or minimized the financial loss. This is commonly referred to as the "but for" test. It is also necessary to demonstrate that the plaintiff incurred costs to pursue a legal claim that are greater than the amount of compensation sought.

Our medical malpractice lawyers can provide a detailed explanation of the various types of damages that can be suffered in a malpractice lawsuit including past, present and future medical expenses loss of income, suffering and pain and suffering, and other economic and non-economic losses. The more serious the injury, the more the amount of compensation. A successful verdict may be overturned through an appeal. Settlements outside of court may be advantageous for some clients. It can save money and time in court costs. It also helps avoid the risk of a juror ruling on a case based upon emotion instead of fact.