How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits are complex. There are specific guidelines that must be met with a specific time frame in which the suit can be filed.

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

Complaint

Your attorney will submit a court complaint as well as summons when he/she has found evidence of malpractice. The complaint will name the defendants and describe the allegations you have made against them.

Malpractice claims are founded upon the belief that nurses, doctors or other healthcare providers are obligated to a patient a certain standard of care. This is the amount of competence and prudence that reasonable doctors with similar training would use in similar situations. Your legal team must demonstrate that your doctor did not adhere to this standard and resulted in you suffering quantifiable damages.

A physician's standard of care is usually an issue of opinion and can be difficult to prove. It is important to hire an attorney who has access to experts in the medical field to provide evidence of what a reasonable doctor would have done.

It's not just doctors who commit medical errors, hospital staff members, like nurses and anesthesiologists can be liable for malpractice. This is particularly applicable to emergency room staff where mistakes are usually made due to a busy atmosphere and overworked personnel. Your attorney might be able to obtain testimony from experts in the emergency department who can provide evidence of what should have been done and why your doctor's actions did not meet the standards.

Discovery

During the discovery phase during the discovery phase, your lawyer will gather and review evidence that could prove a malpractice case. This includes medical records, witness statements, expert testimony and more. The information could be requested by the opposing legal team. 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.

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

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

Most lawsuits are resolved, or settled, before they reach the trial stage. This is particularly common in medical malpractice law firms cases as the costs associated with the trial process can be expensive. After the facts of your case are established, a settlement could be discussed between you and your insurance company of the doctor. If no settlement can be reached, your case may go to trial.

Trial

When your lawyer has completed the initial investigation and determines you have an excellent malpractice case, they will file the complaint. The complaint will clearly state your allegations and will be served to the defendant with a summons.

The next phase is discovery. This includes the exchange of medical records and depositions from witnesses. The lawyer will use the evidence to prove that your doctor did not follow the standard of care. The objective is to prove that the error was the result of the negligence of your doctor, and caused damage.

In addition to the witness statement Alongside the statement of the witness, your medical malpractice attorney will also work with one or two experts to support your claim. These experts will receive medical records and detailed information about your case in preparation for their deposition and testify. They can also assist in making your case ready for trial.

As part of the preparation for trial your attorney will begin settlement negotiations with the defense. The process continues throughout the trial, and may last for many years. During this time, you are recovering from your injuries and determining the extent of your losses. If you can, it is the best option for everyone to avoid litigation and settle outside of court. Your attorney will carefully assess the merits of any settlement proposal with your current and future recovery. If the settlement offer seems reasonable then your attorney will convince you to accept it.

Damages

During the discovery phase, plaintiffs will have to prove that their losses are significant and that the negligence of the defendant caused these damages. For instance, if the doctor failed to inform the patient that the surgery had a 30% chance of losing a limb and the surgery was performed perfectly but the patient lost their arm and the medical professional could be liable for malpractice.

In order to be able to file a valid malpractice lawsuit, the person who is suing must also show that a competent lawyer would have been able to avoid financial loss or at a minimum, lessen its size. This is often referred to as the "but for" test. It is also required to show that the plaintiff incurred costs in pursuit a successful legal claim, that is greater than the amount they seek in compensation.

Our medical malpractice lawyers can explain the various types of damages sustained in a malpractice lawsuit including future, present and past medical expenses as well as lost income, pain and suffering and other economic and non-economic losses. The higher the amount the more serious the injury. However, a ruling that is successful is sometimes overturned on appeal. Settlements outside of court can be beneficial for certain clients. It will save time and money on costs for litigation, as well as avoiding the risk of having a jury judge a case on the basis of emotions instead of facts.