How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits are complex. There are certain guidelines to follow, for example a deadline within which the lawsuit may be filed.

In addition to proving negligence, the claimant must show that the actions of the doctor resulted in injuries and losses. This will require medical and hospital records.

Complaint

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

Malpractice claims are based on the notion that doctors, nurses or other healthcare professionals owe patients the same level of care. This standard is defined as the amount of skill and caution that a reasonably prudent medical professional trained similarly would apply in similar circumstances. Your legal team has to prove that your doctor violated this standard and caused you to suffer quantifiable harm.

It can be difficult to prove that a doctor's standards are the same as another doctor's. This is why it is essential to select a law firm that has access to expert witnesses who can testify on the medical field and what an experienced professional in the same situation as your doctor would have done.

Not only doctors make mistakes, but so can hospital staff, such as anesthesiologists and nurses. This is especially true of emergency room personnel, where errors are usually due to a crowded environment and overworked workers. Your attorney may be in a position to get an expert opinion from the emergency room staff who can demonstrate the circumstances that led to the incident and why your doctor was unable to fulfill this standard.

Discovery

During the discovery phase during the discovery phase, your attorney will collect and look over evidence that might prove a malpractice claim. This could include medical records, witness statements as in addition to expert testimony. The legal team of the other side will also have the opportunity to request the information from you and your attorney. This is typically done through interrogatories and requests for production of documents. Certain materials are considered to be privileged and secret due to privacy laws, like HIPAA's Privacy Rule.

You must also prove that your injury is due to negligence by the doctor. This is the most difficult part of a medical negligence case because it requires an expert testimony to back your claim.

Your lawyer will also interview witnesses that can prove that the doctor was negligent. This can include radiologists, dentists, nurses, assistants and other personnel who were involved in the care of your health. Your attorney will be skilled in preparing strong and persuasive depositions in order to convince these witnesses to admit that the doctor was negligent.

Most lawsuits are settled, or settled, before they reach the trial stage. In medical malpractice cases this is the most common as the costs of going to trial can be expensive. Once the facts of your case have been established, a settlement could be reached between you and the doctor's insurance company. If a settlement cannot be reached your case will proceed to trial.

Trial

After your attorney completes the initial investigation and decides you have a solid malpractice case, they will file the complaint. It will state clearly your allegations and be served on the defendant along with a summons.

The next stage is discovery. This involves the exchange of medical records as well as depositions from witnesses. Your lawyer will use these evidences to prove your doctor's breach of the standard of care. The goal is to show that the error was caused by the negligence of the doctor and resulted in damages.

In addition to the witness statement In addition to the witness statement, your medical malpractice attorney will also work with two or three experts to support your claim. These experts will receive medical records as well as detailed information about your case to prepare for their testimony and deposition. They can also assist you in preparing your case for trial.

Your attorney will begin settlement discussions with the defense during the preparation for trial. The process can take several years. During this time, it is important that you are recovering from your injuries and determining the magnitude of your injuries. It's in everyone's interest to settle the matter out of court whenever it is possible. Your attorney will carefully assess the merits of any settlement proposal with your current and potential recovery. If the settlement is fair the lawyer will advise you to accept it.

Damages

During the discovery process plaintiffs must demonstrate that their losses were significant and that the negligence of the defendant was a factor in those damages. If, for instance, the doctor failed to inform the patient of the 30 percent possibility that the procedure might result in the loss of a limb, and the surgery was perfect, but the patient lost a limb, then the medical professional could be held liable for negligence.

To have a viable malpractice suit, the plaintiff must also prove that a competent attorney could have helped prevent their financial loss or at the very least, reduce its size. This is sometimes referred to the "but for test". It is also important 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 (more about Sobrouremedio) can provide a detailed explanation of the various types of damages that can be attained in a malpractice case including past, present and foreseeable medical expenses and lost income, as well as suffering and pain and suffering, and other non-economic losses. The greater the amount of money awarded the more serious the injury. A verdict that is successful could be challenged by an appeal. So, settling outside of court may be a viable option for certain clients. It can save time and money in litigation costs, aswell as avoiding the risk of having a jury judge a case on the basis of emotions instead of facts.