How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits can be a bit complicated. There are certain guidelines to be followed with a specific time frame within which the suit may be filed.

The claimant also has to prove that the doctor's actions caused injuries and losses. This will require hospital and medical records.

Complaint

When your attorney's inquiry has discovered evidence of malpractice occurred, the attorney will file a complaint in court along with a summons. The complaint will identify the defendants, and then state the allegations you bring against them.

The basis for malpractice attorneys claims is the idea that a doctor or healthcare provider owes the patient a certain standard of care. This is the level of competence and prudence that reasonable doctors who has similar training would apply in similar circumstances. Your legal team must to prove that your doctor breached this standard which resulted in injuries from which you have suffered damages that are quantifiable.

The standard of care for a doctor is often a matter of opinion and is difficult to prove. It is essential to find an attorney who has access to experts in the field of medicine to testify on what a professional of reasonable standards would have done.

It's not only doctors who commit medical mistakes; hospital personnel, including nurses and anesthesiologists, also can be liable for malpractice. This is especially true for emergency room staff where mistakes are often made due to a busy atmosphere and overworked personnel. Your lawyer may be able to obtain expert testimony from emergency room personnel who can show what could have been done differently and the reason why your doctor failed to fulfill this standard.

Discovery

During the discovery phase the attorney will collect and examine evidence that may provide evidence to support a claim for malpractice. This includes medical documents, witness statements expert testimony and more. This information can be requested by the opposing legal team. This is typically done via interrogatories and requests for production of documents. Certain materials may be privileged and confidential because of privacy laws, such as HIPAA's Privacy Rule.

You must also prove your injury was the result of a doctor's negligence. This is the most challenging aspect of a medical negligence case as it requires expert witness testimony to support your claim.

Your lawyer will also call witnesses who can prove the doctor's negligence. This could include nurses, assistants radiologists, dentists, and other personnel who were involved in your treatment. Your attorney will be skilled in preparing powerful and effective depositions to convince these witnesses to admit that the doctor was negligent.

The majority of lawsuits are settled before going to trial. This is especially true in medical malpractice cases because the costs involved in a trial can be very high. Once the facts are established, you can negotiate a settlement with the insurer of the doctor. If a settlement cannot be reached, your case will then go to trial.

Trial

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

Discovery is the next phase. This involves the exchange of medical records as well as depositions of witnesses. Your lawyer will use these statements to establish your doctor's breach of the standard of care. The aim is to prove that the error was a result of negligence by the doctor and caused damages.

Your medical malpractice lawyer will also collaborate with one or more expert witnesses in support of your claim. These experts will receive medical records and all the details regarding your case in order to prepare for their deposition and testimony. They can also assist you in preparing your case for trial.

As part of the trial preparation your attorney will begin negotiations for settlement with the defense. The process continues throughout the trial, and can sometimes last for several years. In this time, you'll be recovering from your injuries and determining the size and amount of your damages. When possible, 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 with your current and future settlement. If the settlement is reasonable, then your lawyer will be able to convince you to accept it.

Damages

During the discovery phase, plaintiffs need to prove that their losses are substantial and that the negligence of the defendant caused these damages. For instance, if the doctor failed to inform the patient of the 30% likelihood that the procedure will result in the loss of leg, and the procedure was perfect, but the patient lost a limb, then the medical professional could be held responsible for negligence.

To have a viable malpractice lawsuit, the person who is suing must also prove that a competent attorney could have been able to stop their financial loss or at least minimize the size. This is sometimes referred to as the "but for" test. It is also essential to show that the plaintiff has incurred expenses in pursuit a successful legal claim, which is greater than the amount sought in compensation.

Our medical malpractice lawyers are able to explain the various types of damages that may be attained in a malpractice case including past, present and foreseeable medical expenses, lost income, suffering and pain and suffering, as well as other non-economic losses. The more money you are awarded, the more serious injury. However, a verdict that is deemed to be a success can sometimes be overturned when appealed. Settlements outside of court could be beneficial for certain clients. It can save money and time on court costs. It also helps avoid the risk of having a jury making a decision based on emotion instead of fact.