How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits are complex. There are certain guidelines to be followed, which include a deadline within which a lawsuit can 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

After your attorney's investigation has revealed evidence that a malpractice occurred, he or she will file a complaint with the court along with summons. The complaint will identify the defendants and state the allegations you make against them.

The basis for malpractice claims is the notion that a doctor or nurse or other healthcare provider owes the patient a standard of treatment. This is the standard of expertise and prudence the reasonably prudent doctor with the same training would employ in similar situations. Your legal team must to show that your doctor breached this standard that resulted in injuries due to which you sustained damages quantifiable.

It can be difficult to prove that a doctor's standard is the same as another doctor's. It is essential to find an attorney who has access to experts in the field of medicine to provide evidence of what a reasonable professional would have done.

It's not just doctors who make mistakes, but so can hospital staff, including nurses and anesthesiologists. This is particularly the case for emergency room personnel where mistakes are made due to a busy atmosphere and overworked personnel. Your attorney might be able to obtain testimony from experts in the emergency room who can help demonstrate what could have been done and how the actions of your doctor did not meet the standards.

Discovery

During the discovery phase, your attorney will gather and look over evidence that could be used to be used to support a malpractice claim. This includes medical documents, witness statements expert testimony and more. The legal team on the other side will also have the opportunity to request this information from you and your attorney. This is typically done through interrogatories and requests for production of documents. Certain materials could be protected and private due to privacy laws, for instance HIPAA's Privacy Rule.

You must also prove that your injury was the result of a negligence of the doctor. This is the most difficult aspect of a medical negligence case since it requires expert testimony to support your claim.

Your lawyer will also call witnesses to prove that the doctor was negligent. This could include radiologists dentists, nurses, assistants and other people who were involved in the treatment of your health. Your lawyer will be proficient in preparing strong and persuasive depositions to convince these witnesses to admit that the doctor's negligence was a factor.

The majority of lawsuits are resolved or settled, before they reach the trial stage. In cases involving medical malpractice this is particularly common as the costs of going to trial can be quite expensive. After the facts of your case are established, a settlement can be reached between you and the insurance company of the doctor. If a settlement cannot be reached, the case may proceed to trial.

Trial

Your attorney will file a complaint after conducting the initial investigation. If they find that you have a compelling case of malpractice, then they will file the complaint. It will state clearly your allegations and must be served on the defendant along with a summons.

The next phase is discovery. This involves the exchange of medical records and depositions from witnesses. The lawyer will use the evidence to prove that your doctor acted in violation of the standard of care. The goal is to show that the error was the result of the doctor's negligence, and caused damages.

In addition to the witness's testimony Your medical malpractice lawyer will work with two or more experts to support your claim. These experts will be provided medical records and all the details regarding your case in order to prepare for their testimony and deposition. They may also help prepare your case for trial.

Your attorney will start discussions on settlement with the defense as part of the preparation for trial. This process is ongoing throughout the course of the trial and can take up to several years. During this time, you are recovering from your injuries and determining the magnitude of your injuries. If possible, it's beneficial for everyone to avoid litigation and settle out of court. Your attorney will carefully compare the merits of any settlement offer against your current and future settlement. If the settlement is reasonable, your lawyer will encourage you to accept it.

Damages

During the process of discovery, plaintiffs must show that their losses were substantial and that the negligence of the defendant contributed to those damages. If, for example, the doctor did not inform the patient of the 30 percent chance that the procedure could result in the loss of a leg, and the procedure was successful, but the patient lost an arm and limb, then the medical professional could be held liable for negligence.

In order to have a legitimate malpractice lawsuit, the person who is suing must also prove that a competent attorney would have been able to stop their financial loss or at least minimize the size. This is sometimes referred to the "but for test". It is also necessary to show that the plaintiff has incurred costs to pursue a legal claim, which are greater than the amount they seek in compensation.

Our medical malpractice lawyers can explain the various types of damages that may be sustained in a malpractice lawyer lawsuit including past, present and future medical expenses as well as lost income, suffering and pain and suffering, and other non-economic losses. Generally, the more serious the injury, higher the award. A verdict that is successful could be overturned through an appeal. Settlements outside of court could be beneficial for a few clients. It could save money and time in litigation fees. It also reduces the risk of a juror deciding a case based on emotions rather than facts.