How to File a Medical Malpractice Lawsuit

Medical malpractice suits are complicated. There are certain guidelines to follow, such as a deadline within which a lawsuit can be filed.

In addition to proving negligence, the person seeking compensation must show that the doctor's actions resulted in injuries and losses. This will require medical and hospital documents.

Complaint

If your attorney's probe has found evidence that fraud was committed, he will file a lawsuit in court, along with a summons. The complaint will identify the defendants in the case and outlines the allegations that you are making against them.

The basis for malpractice claims is the idea that a doctor or nurse or other healthcare professional owes a patient a minimum standard of care. This is the standard of competence and prudence that a reasonably prudent doctor with similar training would use in similar situations. Your legal team must to prove that your doctor breached this standard and caused injuries to which you have suffered damages that are quantifiable.

It can be a challenge to prove that a physician's standard is the same as another doctor's. It is crucial to employ an attorney who has access to experts in the field of medicine to provide evidence of what a reasonable professional would have done.

It is not just physicians who make mistakes in their medical practice; hospital staff members, such as nurses and anesthesiologists, also are susceptible to making mistakes. This is especially the case for emergency room personnel where mistakes are frequently caused by a hectic atmosphere and overworked workers. Your lawyer could be able to get experts from emergency room staff who can show what should have happened and why your doctor was unable to meet the standards.

Discovery

During the discovery process the attorney will collect and examine evidence that may prove a malpractice claim. This includes medical records, witness statements expert testimony and more. This information can be requested by the legal team opposing the case. This is typically done via interrogatories and requests for the production of documents. Certain materials could be protected and private due to privacy laws, for instance HIPAA's Privacy Rule.

You must also prove your injury was the result of a negligent doctor. This is the most difficult part of a medical malpractice law firms case since it requires expert witness testimony that supports your claim.

Your lawyer will also question any witnesses that can prove that the doctor's actions were negligent. This could include radiologists dentists nurses, assistants, and others who were involved in the treatment of your health. Your attorney will know how to take powerful and convincing depositions so that witnesses to admitting that the doctor's negligence was a factor.

The majority of lawsuits are resolved or settled before they reach the trial stage. This is especially true in medical malpractice cases since the cost of a trial can be very expensive. After the facts of your case have been established, a settlement can be discussed between you and your insurer of your doctor. If a settlement isn't possible the case will proceed to trial.

Trial

Your attorney will file a complaint following an initial investigation. If they conclude that you have a solid case for malpractice, then they will file the complaint. This will clearly outline the allegations and must be handed to the defendant with the summons.

The next step is discovery. This includes the exchange of medical records and depositions of witnesses. Your lawyer will make use of these statements to prove your doctor's breach of the standard of care. The objective is to establish that the error was a result of the doctor's negligence and resulted in damages.

In addition to the witness statement, your medical malpractice attorney will work with two or more expert witnesses to prove your claim. These experts will receive medical records as well as detailed information about your case to prepare for their deposition and testimony. They can also assist you in preparing your case for trial.

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

Damages

During the process of discovery the plaintiffs must prove that their losses were significant and that the negligence of the defendant caused those damages. For instance, if the doctor did not inform the patient that a surgery was a 30 percent risk of losing a limb and the procedure was carried out perfectly but the patient lost their arm, the medical professional may be held accountable for negligence.

To have a viable malpractice lawsuit, the person who is suing must prove that a competent attorney could have been able to reduce their financial loss, or at the very least, reduce the size. This is sometimes called the "but for test". It is also important to show that the plaintiff incurred costs to pursue a successful legal claim which are more than the amount demanded as compensation.

Our medical malpractice lawyers can explain the various forms of damages suffered in a malpractice lawsuit including future, present and past medical expenses and lost income, as well as pain and suffering as well as other non-economic losses. The more serious the injury, the higher the award. A decision that is found to be a success could be overturned by an appeal. Settlements outside of court could be beneficial to some clients. It can save money and time in litigation fees. It also helps avoid the risk of having a jury making a decision based on emotions rather than facts.