How to File a Medical Malpractice Lawsuit

Medical malpractice attorneys suits are complex. There are certain guidelines to follow, such as a deadline within which the lawsuit may be filed.

In addition to the need to prove negligence, the plaintiff must prove that the doctor's actions resulted in losses and injuries. This will require medical and hospital documents.

Complaint

Once your attorney's investigation has discovered evidence of malpractice occurred, he or she will file a complaint with the court along with summons. The complaint identifies the defendants in your case, and clearly outlines the allegations you're making against them.

Malpractice claims are based on the notion that nurses, doctors and other healthcare providers are obligated to a patient an appropriate level of care. This is defined as the level of skill and caution that a reasonable medical professional trained similarly could exercise in similar situations. 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 a matter of opinion and can be difficult to prove. This is why it's crucial to choose a law firm with access to experts who can provide testimony about the medical field and what an experienced professional in your doctor's situation would have done.

It's not just doctors who commit medical mistakes; hospital personnel, including nurses and anesthesiologists may be guilty of malpractice. This is especially relevant to emergency room personnel where mistakes are made due to a busy environment and overworked staff. Your lawyer may be able to secure an expert opinion from the emergency room personnel who can provide evidence of the circumstances that led to the incident and the reason why your doctor failed to meet this standard.

Discovery

During the discovery process during the discovery phase, your attorney will collect and look over evidence that could be used to provide evidence to support a claim for malpractice. This includes medical documents, witness statements, expert testimony and more. The legal team of the other side will also have the opportunity to request the information from you and your attorney. This is done through interrogatories or requests for documents. Certain materials may be privileged and secret due to privacy laws, such as HIPAA's Privacy Rule.

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

Your lawyer will also call witnesses who can demonstrate the doctor's negligent actions. This could include radiologists, dentists nurses, assistants, nurses and other personnel who were involved in the care of your health. Your lawyer is skilled in taking effective and convincing depositions in order to convince these witnesses to admit that the doctor's negligence was not their fault.

Most lawsuits are resolved, or settled, prior to reaching the trial stage. This is especially true in medical malpractice cases as the costs of the trial process can be high. Once the facts are established you can negotiate a settlement with the insurance company of the doctor. If a settlement cannot be reached the case will proceed to trial.

Trial

When your lawyer has completed the initial investigation and decides you have a solid malpractice case, they will file the complaint. This will clearly state your allegations and must be served to the defendant with a summons.

The next phase is discovery. The next phase is discovery. This involves the exchange and deposition of witnesses. Your lawyer will use these evidence to prove that your doctor violated the standard of care. The objective is to prove that the error was the result from the negligence of the doctor that caused damage.

Apart from the witness's statement, your medical malpractice attorney will collaborate with a couple of expert witnesses to back up your claim. These experts will receive medical records and detailed information regarding your case, to prepare for their deposition and testify. They may also help in the preparation of your case for trial.

Your lawyer will initiate negotiations with the defense during the trial preparation. This process continues throughout the trial, and can take up to several years. During this time period, 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 the court and avoid litigation as often as it is possible. Your attorney will carefully evaluate the merits of a settlement offer against your present and long-term recovery. If the settlement is reasonable your lawyer will convince you to accept it.

Damages

During the discovery phase, plaintiffs will need to prove that their losses are substantial and that negligence on the part of the defendant contributed to these losses. For instance, if the doctor did not inform the patient of the 30 percent chance that the procedure could result in the loss of a arm, and the operation was perfect but the patient lost a limb and limb, then the medical professional could be held responsible for negligence.

In order to have a legitimate malpractice lawsuit, the victim must prove that a competent lawyer could have helped prevent their financial loss or at least minimize the size. This is often referred to as the "but for" test. In addition, it is necessary to demonstrate that the plaintiff incurred costs to pursue a legal claim that are greater than the amount sought for compensation.

Our medical malpractice lawyers can provide a detailed explanation of the various types of damages that may be sustained in a malpractice lawsuit including past, present and future medical expenses loss of income, suffering and pain and suffering, and other non-economic losses. The more serious the injury, the more the amount of compensation. A verdict that is successful could be challenged by an appeal. Settlements that are not in court may be advantageous for some clients. It will save money and time in court costs. It also avoids the risk of a jury choosing a case based on emotions instead of facts.