How to File a Medical Malpractice Lawsuit

Medical malpractice suits are complex. There are specific guidelines to be followed, which include a deadline within which the lawsuit can be filed.

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

Complaint

Your attorney will file a court complaint and summons once he or she has discovered evidence of malpractice. The complaint will name the defendants and describe the allegations you have made against them.

malpractice law firms claims are based upon the belief that nurses, doctors or other healthcare providers are obligated to a patient the highest standard of care. This standard is defined as the degree of skill and caution that a reasonably prudent medical professional trained similarly could exercise in similar situations. Your legal team must show that your doctor violated this standard and resulted in you suffering quantifiable harm.

It can be a challenge to prove that a physician's standard is the same as another doctor's. It is important to hire an attorney who has access to experts in the field of medicine to provide proof of what a professional of reasonable standards would have done.

It's not just physicians who commit medical mistakes; hospital staff members, such as nurses and anesthesiologists, also can be liable for malpractice. This is especially true for emergency room personnel, where errors are usually due to a chaotic environment and overworked workers. Your lawyer may be able obtain evidence from experts in the emergency department that can assist in proving what could have been done and why your doctor's actions did not meet the standards.

Discovery

During the discovery process during the discovery phase, your lawyer will gather and examine evidence that could be used to support a malpractice claim. This includes medical records, witness statements expert testimony and more. The legal team representing the other side can also have the chance to request these documents from you and your attorney. This is usually done through interrogatories as well as requests for production of documents. Certain materials could be protected and secret due to privacy laws, for instance HIPAA's Privacy Rule.

It is also necessary to prove that your injury was caused by the doctor's negligence. This is the most difficult aspect of a medical negligence case since it requires expert witness testimony that proves your claim.

Your lawyer will also depose witnesses who can prove the doctor was negligent. This can include nurses, assistants, radiologists, dentists and other personnel who were involved in your care. Your lawyer will be adept in taking effective and convincing depositions to convince these witnesses to admit that the doctor was negligent.

The majority of lawsuits are settled before they reach trial. In the case of medical malpractice this is particularly common due to the fact that going to trial can be expensive. After the facts of your case are established, a settlement may be discussed between you and your insurance company for the doctor. If no settlement can be reached, your case could proceed to trial.

Trial

Your attorney will file a complaint after completing the initial investigation. If they decide that you have a compelling case for malpractice, they will file the complaint. This will clearly outline the allegations and must be handed to the defendant along with the summons.

The next phase involves discovery. This includes the exchange of medical records as well as depositions of witnesses. Your lawyer will use these documents to prove your doctor's violation of the standard of care. The objective is to prove that the error was the result of the negligence of your doctor, and resulted in damages.

Apart from the witness's statement, your medical malpractice attorney will collaborate with two or three expert witnesses to back up your claim. They will be provided with medical records and details regarding your case, to prepare for their deposition and testimony. They may also help in making your case ready for trial.

As part of the preparation for trial your attorney will begin negotiations for settlement with the defense. This process continues throughout the trial, and can take up to many years. During this time period, you are recovering from your injuries and determining how much of your losses. If possible, it's beneficial for everyone to avoid litigation and settle outside of court. Your lawyer will carefully consider the merits of any settlement with your current and potential recovery. If the settlement proposal is reasonable, then your lawyer will be able to convince you to accept it.

Damages

During the process of discovery, plaintiffs must show that their losses were significant and that the negligence of the defendant caused those damages. For example, if the doctor did not inform the patient that a surgical procedure carried a 30 percent chance of losing a limb, and the surgery was performed perfectly but the patient lost their arm in the process, the medical professional could be held accountable for malpractice.

In order to have a legitimate malpractice suit, the plaintiff must also show that a competent attorney could have been able prevent their financial loss or at the very least, reduce the amount. This is sometimes referred to the "but for test". It is also essential to prove that the plaintiff has incurred expenses in pursuit of a successful legal claim that is more than the amount sought as compensation.

Our medical malpractice lawyers are able to explain the various kinds of damages that could be given in a malpractice lawsuit, including past, current and future medical expenses as also loss of income and pain and discomfort and other economic or non-economic losses. The higher the amount the more serious the injury. However, a ruling that is successful is sometimes overturned in appeal. Settlements outside of court could be advantageous for some clients. It will reduce time and cost in litigation costs, aswell as avoiding the risk of having a jury decide an issue on the basis of emotion rather than fact.