How to File a Medical Malpractice Lawsuit

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

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

Complaint

Your attorney will submit a court complaint as well as summons after he 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 idea that a doctor, nurse or other healthcare professional owes a patient a standard of treatment. This is defined as the degree of care and skill that a reasonable medical professional with similar training could exercise in similar situations. Your legal team will have to show that your doctor breached this standard which resulted in injuries from which you suffered quantifiable damages.

The standard of care a physician provides is often an issue of opinion, and is often difficult to prove. This is why it is important to work with a legal firm with access to expert witnesses who can provide testimony about the medical field and what reasonable medical professionals in the same situation as your doctor would have done.

It's not just doctors who make mistakes, but so do hospital personnel, like nurses and anesthesiologists. This is especially true of emergency room personnel, where mistakes are frequently made due to a crowded environment and overworked employees. Your lawyer could be in a position to get experts from emergency room staff who can demonstrate what could have been done differently and the reason why your doctor failed to fulfill this standard.

Discovery

In the discovery phase, your attorney will collect and review evidence that could help in proving a malpractice case. This includes medical records and witness statements as and expert testimony. These records can be requested by the opposing legal team. This is typically done via interrogatories as well as requests for production of documents. However, certain materials may be confidential or protected because of privacy laws such as HIPAA and its Privacy Rule.

You must also prove that your injury was caused by the negligent doctor. This is the most difficult aspect of a case involving medical negligence as it requires an expert evidence to support your claim.

Your lawyer will also interview any witnesses that can support the negligence of the doctor. This could include radiologists, dentists nurses, assistants, nurses as well as other individuals who were involved in the care of your health. Your lawyer will know how to take effective and strong depositions so that witnesses to acknowledge that the doctor's negligence was a factor.

Most lawsuits are settled, or settled, before they reach the trial stage. This is particularly common in medical malpractice cases as the costs associated with trial can be high. After the facts of your case are established, a settlement may be discussed between you and your insurer of your doctor. If a settlement isn't attainable the case will proceed to trial.

Trial

Your attorney will file a complaint after having completed the initial investigation. If they decide that you have a strong case of malpractice, they will file it. This will clearly state your allegations and must be served to the defendant along with a summons.

Discovery is the next stage. This includes the exchange of medical records and depositions of witnesses. Your lawyer will use the statements to prove that the doctor did not follow the standard of care. The objective is to prove that the error was the result of the negligence of the doctor and caused damage.

Apart from the witness's statement Your medical malpractice lawyer will collaborate with a couple of expert witnesses to back up your claim. They will be provided with medical records and detailed information regarding your case in order to prepare for their testimony and deposition. They may also help prepare your case for trial.

As part of the trial preparation your lawyer will start negotiations for settlement with the defense. This process can go on for many years. During this time period, you are recovering from your injuries and determining the severity of your injuries. If possible, it's beneficial for everyone to avoid litigation and settle outside of court. Your attorney will carefully evaluate the merits of a settlement against your current and long-term recovery. If the settlement seems reasonable your lawyer will advise you to accept it.

Damages

During the discovery phase, plaintiffs will be required to prove that their losses are significant and that negligence on the part of the defendant contributed to the damages. For example, if the doctor failed to inform the patient of the 30% possibility that the procedure might result in the loss of a leg, and the surgery was successful, but the patient lost a limb or limb, the doctor could be held responsible for negligence.

A victim may also show that a skilled lawyer could have prevented or mitigated their financial loss. This is often referred to as the "but for" test. In addition, it is essential to prove that the plaintiff's expenses to pursue a successful legal claim that are more than the amount sought as compensation.

Our medical malpractice lawyers are able to explain the different types of damages that can be attained in a malpractice case including the past, present and future medical expenses loss of income, pain and suffering and other non-economic losses. The greater the amount of money awarded the more serious the damage. However, a successful verdict may be rescinded upon appeal. So, settling outside of court can be an advantageous option for some clients. It will save money and time on litigation costs. It also reduces the risk of a juror choosing a case based on emotion instead of fact.