How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits are a complex matter. There are specific rules that must be followed including a time limit within which the suit may 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

After your attorney's investigation has uncovered evidence that malpractice attorney occurred, he or she will file a complaint with the court, along with summons. The complaint will identify the defendants, and then state the allegations you make against them.

Malpractice claims are based upon the belief that nurses, doctors or other healthcare professionals owe patients the same level of care. This is the standard of competence and prudence that an appropriately prudent doctor with similar training would use in similar situations. Your legal team has to prove that your doctor breached this standard that resulted in injuries due to which you have suffered damages that are quantifiable.

A doctor's standard of care is often a matter of opinion, and it is difficult to prove. This is why it's important to work with a legal firm that has access to experts who can provide testimony about the medical field and what a reasonable professional in your doctor's position would have done.

Not only doctors can make mistakes, but so can hospital personnel, such as anesthesiologists and nurses. This is particularly true for emergency room staff, as mistakes are often attributed to the crazed atmosphere and overworked staff. Your lawyer could be in a position to secure experts from emergency room staff who can explain what could have been done differently and the reason why your doctor failed to meet the standard.

Discovery

During the discovery process the attorney will collect and review evidence that could be used to support a malpractice claim. This includes medical records, witness statements as in addition to expert testimony. The information may be requested by the legal team opposing the case. This is accomplished through interrogatories or requests for documents. Certain materials are considered to be privileged and secret due to privacy laws, like HIPAA's Privacy Rule.

You must also prove your injury was caused by the doctor's negligence. This is the most difficult aspect of a medical negligence case because it requires an expert witness testimony that supports your claim.

Your lawyer will also question witnesses who can demonstrate the doctor's negligent actions. This can include assistants, nurses, radiologists, dentists and others who were involved in your care. Your lawyer will be adept in taking effective and convincing depositions in order to convince these witnesses to admit that the doctor's negligence was a factor.

The majority of lawsuits are settled before they go to trial. For medical malpractice cases this is the most common due to the fact that going to trial can be expensive. After the facts of your case are established, a settlement could be reached between you and the doctor's insurance company. If a settlement cannot be agreed upon, your case will proceed to trial.

Trial

Your lawyer will file a complaint after completing the initial investigation. If they determine that you have a solid case for malpractice, then they will file the complaint. This will clearly state 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 of witnesses. Your lawyer will make use of the evidence to prove that your doctor violated the standards of care. The aim is to demonstrate that the error was caused by the negligence of the doctor, and caused damages.

Aside from the witness statement, your medical malpractice attorney will work with one or two experts to support your claim. These experts will be given medical records and detailed information regarding your case in order to prepare for their deposition and testify. They may also assist in making your case ready for trial.

Your attorney will start talks with the defense during the preparation for trial. This process is ongoing throughout the trial and may last for many years. During this time, you'll be recovering from your injuries and determining the extent and value of your losses. If you can, it is beneficial for everyone to avoid litigation and settle out of court. Your lawyer will carefully consider the merits of any settlement proposal with your current and future settlement. If the settlement proposal is reasonable, then your 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 caused those damages. For instance, if a doctor failed to inform the patient that a surgical procedure had a 30% chance of losing a limb. If the procedure was carried out perfectly but the patient lost their arm or limb, the doctor could be held liable for malpractice.

A victim could also prove that a skilled lawyer could have prevented or minimized the financial loss. This is commonly referred as the "but for" test. In addition, it is necessary to demonstrate that the plaintiff's expenses in pursuit of a successful legal claim that is in excess of the amount sought for compensation.

Our medical malpractice lawyers are able to explain the various types of damages that can be suffered in a malpractice lawsuit including future, present and past medical expenses and lost income, as well as suffering and other non-economic losses. In general, the more severe the injury, higher the award. However, a verdict that is deemed to be a success could be reversed in appeal. Settlements outside of court could be beneficial for certain clients. It will save money and time in court costs. It also reduces the possibility of a jury making a decision based on emotion instead of fact.