How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits can be very complicated. There are specific guidelines to be adhered to including a specified time period within which the suit may be filed.

In addition to showing negligence, the claimant must also prove that the doctor's actions led to injuries and losses. This will require hospital and medical documents.

Complaint

Your attorney will make a court complaint and summons after he has discovered evidence of malpractice. The complaint names the defendants in your case and outlines the allegations that you are making against them.

Malpractice claims are based on the idea that nurses, doctors, or other healthcare professionals owe patients a certain standard of care. This is defined as the level of skill and caution that a reasonable medical professional with similar training would exhibit in similar situations. Your legal team must demonstrate that your doctor did not adhere to this standard and caused you to suffer damage.

It can be difficult to prove that a physician's standards are the same as another doctor's. This is why it is important to hire a law firm with access to expert witnesses who can testify on the medical field and what reasonable professionals in your doctor's position would have done.

It's not just doctors who make mistakes, but so can hospital staff, including anesthesiologists and nurses. This is particularly relevant to emergency room personnel where mistakes are frequently caused by a busy environment and overworked staff. Your lawyer may be in a position to secure an expert witness from the emergency room personnel who can provide evidence of what should have happened and the reason why your doctor failed to meet the standard.

Discovery

In the discovery phase, your attorney will collect and examine evidence that could prove a malpractice case. This could include medical records, witness statements as and expert testimony. The legal team representing the other side will also have the opportunity to request the information from you and your attorney. This can be done via interrogatories or requests for documents. Certain documents could be confidential or protected due to privacy laws, such as HIPAA and its Privacy Rule.

You must also prove that your injury is due to the negligence of your doctor. This is the most difficult part of a medical malpractice case as it requires expert witness testimony to support your claim.

Your lawyer can also question witnesses who can prove that the doctor was negligent. This can include radiologists, dentists nurses, assistants, and other people who were involved in the care of your health. Your lawyer will know how to conduct effective and powerful depositions to make these witnesses accept that the doctor's negligence was a factor.

Most lawsuits are settled prior to trial. In medical malpractice cases this is the most common because the cost of going to trial can be quite expensive. After the facts of your case have been established, a settlement can be reached between you and the insurer of your doctor. If a settlement cannot be reached the case will go to trial.

Trial

After your attorney has completed the initial investigation and concludes that you have a solid malpractice case, they will file the complaint. This will clearly outline the allegations and must be handed to the defendant in the summons.

Discovery is the next phase. The next stage involves discovery. This involves the exchange and deposition of witnesses. Your lawyer will use these evidences to prove your doctor's breach of the standard of care. The goal is to establish that the error was the result of the negligence of your doctor, and resulted in damages.

Aside from the witness statement, your medical malpractice attorney (check out this one from 1004114) will collaborate with a couple of expert witnesses to back up your claim. These experts will be provided medical records and specific information about your case to prepare for their deposition and testimony. 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. This process could last for several years. During this time, you are recovering from your injuries and determining how much of your damages. It's in everyone's interest to settle outside of the courtroom and avoid litigation whenever possible. Your attorney will carefully assess the merits of any settlement with your current and future recovery. If the settlement is reasonable, your lawyer will encourage you to accept it.

Damages

During the discovery phase, plaintiffs need to prove that their losses are significant and that negligence on the part of the defendant contributed to these losses. For instance, if a doctor did not inform the patient that the procedure carried a 30 percent chance of losing a limb. Moreover, if the procedure was done correctly but the patient lost their arm and the medical professional could be held accountable for negligence.

A victim could also prove that a competent lawyer could have prevented or minimized their financial loss. This is commonly referred as the "but for" test. In addition, it is required to prove that the plaintiff incurred costs in the pursuit of a legal claim that is over the amount of compensation sought.

Our medical malpractice lawyers are able to explain the various kinds of damages that could be awarded in a case of malpractice that include past, current and future medical expenses, as in addition to loss of income, pain and discomfort, and other economic or non-economic losses. The higher the amount is, the more serious injury. A successful verdict may be overturned by an appeal. So, settling out of court could be a good option for certain clients. It could save money and time on litigation costs. It also helps avoid the risk of having a jury making a decision based on emotions instead of facts.