How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits are complex. There are specific guidelines to be adhered to including a certain time period in which the suit can be filed.

The claimant must also demonstrate that the actions of the doctor caused injuries and losses. This will require medical and hospital documents.

Complaint

Your attorney will file a court complaint and summons once he or she has discovered evidence of malpractice. The complaint will identify the defendants, and then state the allegations against them.

Malpractice claims are based on the belief that a physician or nurse or any other healthcare professional owes a patient a certain standard of care. This standard is defined as the level of care and skill that a reasonably prudent medical professional with similar training would apply in similar circumstances. Your legal team has to prove that your doctor violated this standard and resulted in you suffering quantifiable damages.

A physician's standard of care is often a matter of opinion, and is often difficult to prove. This is why it is crucial to choose a law firm with access to experts who can testify on the medical field and what reasonable professionals in the same situation as your doctor would have done.

It's not only doctors who commit medical errors, hospital personnel, including nurses and anesthesiologists, also may be guilty of malpractice. This is particularly the case for emergency room personnel where mistakes are frequently caused by a busy atmosphere and overworked personnel. Your attorney might be able to secure testimony from experts in the emergency room who can provide evidence of the proper procedure and why your doctor's actions did not meet the standards.

Discovery

During the discovery process, your attorney will gather and review evidence that could prove a malpractice claim. This includes medical records and witness statements, as in addition to expert testimony. The legal team on the other side can also have the chance to request this information from you and your attorney. This usually happens through interrogatories and requests for the production of documents. However, certain documents may be classified as confidential or privy due to privacy laws such as HIPAA and its Privacy Rule.

It is also necessary to prove that your injury was caused by the medical professional's negligence. This is the most difficult component of a medical malpractice case as it requires an expert evidence to support your claim.

Your lawyer will also depose witnesses who can demonstrate the doctor's negligent actions. 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 conduct effective and powerful depositions to ensure that witnesses to admitting that the doctor was negligent.

Most lawsuits are resolved, or settled, before they get to the trial stage. In the case of medical malpractice this is the most common because the cost of going to trial can be expensive. Once the facts of your case are established, a settlement could be discussed between you and your doctor's insurance company. If a settlement isn't attainable your case will go to trial.

Trial

Your lawyer will file a complaint after having completed the initial investigation. If they determine that you have a compelling case of malpractice, then they will file it. The complaint will be clear in its allegations and must be served to the defendant along with a summons.

Discovery is the next phase. The next step involves discovery. This involves the exchange and deposition of witnesses. Your lawyer will use these evidence to show that your doctor violated the standard of care. The aim is to prove that the error resulted of negligence by the doctor and caused damage.

Aside from the witness statement Your medical malpractice lawyer will work with two or three experts to support your claim. These experts will be given medical records and all the details about your case to prepare for their testimony and deposition. They can also assist in preparing your case for trial.

As part of the preparation for trial the attorney will initiate settlement negotiations with the defense. This process continues throughout the course of the trial and can sometimes last for many years. During this time, you are recovering from your injuries and determining how much of your losses. It is in everyone's best interests to settle outside of court whenever it is possible. Your lawyer will carefully weigh the merits of a settlement against your current and future 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 significant and that negligence on the part of the defendant has contributed to these losses. For instance, if a doctor did not inform the patient that the surgery was associated with a 30 percent chance 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 malpractice.

In order to be able to file a valid malpractice lawsuit, the victim must also show that a competent attorney could have been able avoid financial loss or at a minimum, lessen the size. This is sometimes referred to as the "but for" test. It is also essential to prove that the plaintiff has incurred expenses in pursuing a successful legal claim, that is higher than the amount demanded in compensation.

Our medical malpractice lawyers are able to explain the various types of damages sustained in a malpractice lawsuit including the past, present and future medical expenses as well as lost income, suffering as well as other non-economic losses. In general, the more severe the injury, the more the award. However, a verdict that is deemed to be a success could be reversed upon appeal. So, settling outside of court can be an advantageous option for a few clients. It will reduce time and cost in litigation costs, aswell as avoiding the risk of having a jury decide cases on the basis of emotions instead of fact.