How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits are a complex matter. There are specific guidelines to be followed, which include the time frame within which a lawsuit can be filed.

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

Complaint

After your attorney's investigation has found evidence that fraud occurred, he or she will file a lawsuit in court along with summons. The complaint will identify the defendants in the case and outlines the allegations that you are making against them.

The basis for malpractice claims is the belief that a physician or healthcare provider is obligated to a patient a standard of care. This standard is the level of expertise and prudence reasonable doctors with similar training would employ in similar situations. Your legal team will have to prove that your doctor violated this standard, resulting in injuries from which you have suffered damages that are quantifiable.

A physician's standard of care is often an issue of opinion and can be difficult to prove. It is crucial to choose an attorney who has access to experts in the medical field to provide proof of what a reasonable professional would have done.

Not only physicians can make mistakes, but so do hospital staff, including anesthesiologists and nurses. This is especially true of emergency room personnel, where mistakes are frequently made due to the crazed atmosphere and overworked workers. Your attorney may be able to obtain testimony from experts in the emergency department who can explain the proper procedure and how the actions of your doctor were not up to the standard.

Discovery

During the discovery phase, your attorney will gather and review evidence that could support a malpractice attorneys claim. This includes medical records, witness statements as well as expert testimony. The legal team of the other side will also have the option to request the information from you and your attorney. This can be done via interrogatories or requests for documents. However, certain materials may be confidential or protected because of privacy laws, such as HIPAA and its Privacy Rule.

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

Your lawyer will also interview witnesses to prove that the doctor was negligent. This can include assistants, nurses radiologists, dentists, and other personnel who were involved in your treatment. Your lawyer will be adept 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 especially common in medical malpractice cases as the costs associated with the trial process can be expensive. After the facts of your case have been established, a settlement could be reached between you and the insurer of your doctor. If a settlement isn't possible the case will proceed to trial.

Trial

Your attorney will file a lawsuit after completing the initial investigation. If they find that you have a solid case for malpractice, then they will file the complaint. This will clearly state your allegations and will be served on the defendant, along with a summons.

The next step is discovery. The next phase is discovery. This includes the exchange and deposition of witnesses. Your lawyer will make use of these statements to establish your doctor's breach of standard of care. The objective is to establish that the error was the result from the negligence of the doctor that caused damages.

In addition to the witness's testimony In addition to the witness statement, your medical malpractice attorney will also work with two or more expert witnesses to back up your claim. They will be provided with medical records as well as detailed information regarding your case, to prepare for their depositions and testimonies. They can also assist in preparing your case for trial.

Your attorney will begin discussions on settlement with the defense team as part of the trial preparation. This process can last for several years. During this time, it is important that you are recovering from your injuries and determining the severity of your losses. If possible, it's beneficial for everyone to avoid litigation and settle outside of court. Your attorney will carefully compare the merits of any settlement offer against your current and potential recovery. If the settlement offer is reasonable then your lawyer will encourage to accept it.

Damages

During the discovery phase, plaintiffs need to prove that their losses are substantial and that the negligence of the defendant has contributed to these losses. If, for instance, the doctor failed to inform the patient of the 30% risk that the procedure would result in the loss of leg, and the surgery was perfect, but the patient lost a limb in the process, then the medical professional could be held responsible for malpractice.

A victim can also prove that a competent lawyer could have averted or reduced their financial loss. This is sometimes referred to the "but for test". In addition, it is essential to prove that the plaintiff incurred costs in the pursuit of a legal claim that are more than the amount sought for compensation.

Our medical malpractice lawyers can explain the various types of damages that could be awarded in a malpractice case that include past, current and future medical expenses, as also lost income or income, pain and discomfort and other economic or non-economic loss. The higher the amount the more serious the injury. A verdict that is successful could be challenged by an appeal. Settlements outside of court may be beneficial for certain clients. It can reduce time and cost in litigation fees, as well being able to avoid the potential risk of having a jury judge cases on the basis of emotion rather than facts.