How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits can be a bit complicated. There are certain rules that must be followed including a specified time period within which the suit could be filed.

The claimant must also demonstrate that the doctor's actions resulted in injuries and losses. This will require hospital and medical documents.

Complaint

If your attorney's probe has found evidence that fraud was committed, he will file a lawsuit in court along with a summons. The complaint will identify the defendants in your case and clearly states the allegations that you are making against them.

Malpractice claims are founded on the premise that nurses, doctors or other healthcare providers are obligated to a patient the highest standard of care. This is the standard of competence and prudence that the reasonably prudent doctor with the same training would employ in similar circumstances. Your legal team needs to prove that your doctor did not meet this standard which resulted in injuries from which you sustained damages quantifiable.

It can be difficult to prove that a doctor's standards are comparable to another doctor's. This is why it's important to work with a legal firm that has access to expert witnesses who can testify on the medical field and what reasonable medical professionals in your doctor's situation would have done.

Not only doctors can make mistakes, but so can hospital personnel, such as anesthesiologists and nurses. This is especially applicable to emergency room staff where mistakes are often caused by a hectic environment and overworked employees. Your lawyer may be able to secure expert testimony from emergency room staff who can explain the circumstances that led to the incident and how your doctor failed to meet the standard.

Discovery

During the discovery process the attorney will gather and examine evidence that could help in proving a malpractice case. This includes medical records and witness statements as in addition to expert testimony. The legal team representing the other side can also have the chance to obtain this information from you and your attorney. This is usually done through interrogatories and requests for production of documents. Certain documents could be classified as confidential or privileged due to privacy laws such as HIPAA and its Privacy Rule.

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

Your lawyer will also call witnesses who can prove that the doctor's actions were negligent. This could include radiologists dentists nurses, assistants, nurses and others who were involved in the care of your health. Your attorney will be skilled in preparing powerful and effective depositions to get these witnesses to admit that the doctor's negligence was a factor.

The majority of lawsuits are settled before they reach trial. This is particularly true for medical malpractice cases, since the cost of the trial process can be high. Once the facts are established, you can negotiate an agreement with the doctor's insurer. If a settlement isn't attainable, your case will then go to trial.

Trial

After your attorney has completed the initial investigation and determines you have a strong malpractice case, 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 is discovery. This involves the exchange of medical records and depositions from witnesses. Your lawyer will use these evidences to prove your doctor's breach of the standard of care. The objective is to prove that the error was the result of the doctor's negligence and caused damage.

In addition to the witness statement Alongside the statement of the witness, your medical malpractice attorney will also work with a couple of expert witnesses to back up your claim. These experts will be provided medical records as well as detailed information regarding your case in order to prepare for their deposition and testimony. They may also help prepare your case 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 sometimes last for years. In this time, it is likely that you'll be recovering from your injuries and determining the extent and value of your injuries. It's in everyone's interest to settle your case outside of court and avoid litigation whenever possible. Your attorney will carefully weigh the advantages of a settlement offer against your current and future recovery. If the settlement seems reasonable, your lawyer will encourage you to accept it.

Damages

During the discovery phase, plaintiffs have to prove that their losses are substantial and that negligence on the part of the defendant has caused these damages. For example, if the doctor failed to inform the patient that the procedure 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 held liable for malpractice.

A victim could also prove that a competent lawyer could have averted or reduced their financial loss. It is sometimes referred to the "but for test". It is also necessary to prove that the plaintiff has incurred expenses in the pursuit of a successful legal claim, which are greater than the amount they seek in compensation.

Our medical malpractice lawyers can explain the various kinds of damages that may be awarded in a case of malpractice which include past, present and future medical expenses, as well as loss of income or income, pain and discomfort and other economic or non-economic loss. Generally, the more serious the injury, the higher the amount of compensation. However, a verdict that is deemed to be a success can sometimes be overturned upon appeal. Settlements outside of court may be beneficial to some clients. It will save money and time on litigation costs. It also avoids the risk of having a jury making a decision based on emotions rather than facts.