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.

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

Complaint

When your attorney's inquiry has revealed evidence that a malpractice occurred, he or she will file a complaint in court along with summons. The complaint will identify the defendants and state the allegations you have made against them.

Malpractice claims are based on the belief that a physician or nurse or any other healthcare provider owes the patient a certain standard of care. This is the standard of expertise and prudence reasonable doctors with similar training would use in similar circumstances. Your legal team must prove that your doctor violated this standard and caused you to suffer injury.

The standard of care a physician provides is often an issue of opinion, and is difficult to prove. It is crucial to employ an attorney who has access to experts in the field of medicine to testify on what a reasonable professional would have done.

It's not just doctors who make mistakes in their medical practice; hospital personnel, including nurses and anesthesiologists can commit malpractice. This is particularly true of emergency room staff, as mistakes are frequently made due to a chaotic environment and overworked workers. Your attorney may be able to obtain an expert opinion from the emergency room staff who can explain what could have been done differently and how your doctor failed to meet the standards.

Discovery

During the discovery phase the attorney will collect and look over evidence that might provide evidence to support a claim for malpractice. This includes medical records, witness statements expert testimony and more. The legal team on the other side can also have the chance to request these documents from you and your attorney. This is done through interrogatories or requests for documents. Certain materials are considered to be privileged and confidential due to privacy laws, such as HIPAA's Privacy Rule.

You must also prove that your injury is the result of the doctor's negligence. This is the most difficult part of a case involving medical negligence since it requires expert evidence to support your claim.

Your lawyer will also question witnesses who can demonstrate the negligence of the doctor. This can include radiologists, dentists nurses, assistants, and other people who were involved in the care of your health. Your attorney will know how to take effective and powerful depositions to ensure that witnesses to acknowledge that the doctor was negligent.

The majority of lawsuits are settled before they reach trial. This is especially common for medical malpractice cases, since the costs involved in a trial can be extremely expensive. After the facts of your case have been established, a settlement may be agreed upon between you and the doctor's insurance company. If a settlement isn't attainable the case will go to trial.

Trial

After your attorney completes the initial investigation and determines you have an excellent malpractice case, they will file the complaint. The complaint will clearly state the allegations and be sent to the defendant along with the summons.

The next phase is discovery. This includes the exchange of medical records as well as depositions from witnesses. The lawyer will use the statements to prove that the doctor acted in violation of the standard of care. The objective is to prove that the error resulted from the negligence of the doctor that resulted in damages.

In addition to the witness statement, your medical malpractice attorney will also work with one or two 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 may also help in preparing your case for trial.

Your lawyer will initiate negotiations with the defense team as part of the trial preparation. The process continues throughout the course of the trial and can sometimes last for many years. During this time period, you are recovering from your injuries and determining how much of your injuries. If possible, it's beneficial for everyone to avoid litigation and settle outside of court. Your lawyer will carefully consider the merits of a settlement against your current and long-term recovery. If the settlement offer seems reasonable and fair, then your attorney will convince you to accept it.

Damages

During the discovery process Plaintiffs must demonstrate that their losses were substantial and that the negligence of the defendant was a factor in the damages. If, for instance, the doctor did not inform the patient of the 30 percent likelihood that the procedure will result in the loss of a leg, and the surgery was flawless, but the patient lost an arm and limb, then the medical professional may be held accountable for negligence.

A victim can also prove that a competent lawyer could have averted or reduced their financial loss. This is sometimes called the "but for test". It is also required to prove that the plaintiff has incurred costs in the pursuit of a successful legal claim, that is higher than the amount demanded in compensation.

Our medical malpractice lawyers can explain the different types of damages that could be caused by a malpractice law firms lawsuit including past, present and foreseeable medical expenses, lost income, pain and suffering and other economic and non-economic losses. The greater the amount of money awarded the more serious the injury. However, a ruling that is successful can sometimes be overturned in appeal. So, settling out of court may be a beneficial option for a few clients. It will reduce time and cost in court costs, as well as avoiding the possibility of having a jury decide cases on the basis of emotion rather than fact.