How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits can be a little complicated. There are specific rules that must be followed including a specified time period during which the suit can be filed.

In addition to proving negligence, the claimant must also prove that the doctor's actions led to injuries and losses. This will require hospital and malpractice lawyers medical records.

Complaint

If your attorney's probe has revealed evidence that a malpractice has occurred, he or she will file a complaint with the court along with summons. The complaint identifies the defendants in the case and outlines the allegations you're making against them.

malpractice attorney claims are founded on the notion that nurses, doctors or other healthcare professionals owe patients an appropriate level of care. This standard is defined as the amount of expertise and prudence that a reasonable medical professional trained similarly would exercise in similar circumstances. Your legal team will have to show that your doctor did not meet this standard and caused injuries to which you sustained quantifiable damages.

It can be a challenge to prove that a doctor's standards are the same as another doctor's. 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 the same situation as your doctor would have done.

Not only doctors make mistakes, but so do hospital personnel, such as nurses and anesthesiologists. This is especially true of emergency room personnel, where mistakes are often made due to a chaotic environment and overworked employees. Your lawyer may be able to secure testimony from experts in the emergency room who can help demonstrate what could have been done and how your doctor's actions did not meet the standards.

Discovery

During the discovery stage your lawyer will collect and examine evidence that could be used to support a malpractice claim. This includes medical records and witness statements, as in addition to expert testimony. The information could be requested by the legal team opposing the case. This is usually done through interrogatories as well as requests for production of documents. However, certain materials could be classified as confidential or privileged because of privacy laws, such as HIPAA and its Privacy Rule.

You must also prove your injury is the result of the negligence of the doctor. This is the most challenging aspect of a medical negligence case since it requires expert witness testimony to support your claim.

Your lawyer will also interview witnesses that can prove that the doctor was negligent. This could include radiologists dentists nurses, assistants, nurses and other personnel who were involved in the care of your health. Your lawyer will know how to conduct powerful and effective depositions to make these witnesses admit that the doctor's negligence.

The majority of lawsuits are settled before they reach trial. This is particularly true in medical malpractice cases as the costs of the trial process can be high. Once the facts are established and you have a chance to negotiate an agreement with the insurance company that covers the doctor. If a settlement is not agreed upon, your case will go to trial.

Trial

Your lawyer will file a formal complaint after completing the initial investigation. If they conclude that you have a convincing case for malpractice, then they will file the complaint. It will state clearly your allegations and must be served on the defendant, Malpractice Lawyers along with a summons.

Discovery is the next stage. This involves the exchange of medical records as well as depositions from witnesses. The lawyer will use the statements to prove that the doctor violated the standards of care. The objective is to prove that the error was the result of negligence by the doctor and caused damages.

In addition to the witness statement, your medical malpractice attorney will collaborate with two or three expert witnesses to support your claim. They will be provided with medical records and specific information regarding your case, to prepare for their depositions and testimony. They may also help in the preparation of your case for trial.

Your attorney will begin discussions on settlement with the defense team as part of the trial preparation. This process can last for several years. During this time period, you are recovering from your injuries and determining the severity of your losses. When possible, it's in everyone's best interest to avoid litigation and settle outside of court. Your lawyer will carefully weigh the advantages of a settlement offer against your present and long-term recovery. If the settlement is fair your lawyer will convince you to accept it.

Damages

During the discovery process the plaintiffs must prove that their losses were significant and that the negligence of the defendant caused those damages. For example, if the doctor failed to inform the patient that the surgery carried a 30 percent chance of losing a limb and the procedure was carried out perfectly but the patient lost their arm or limb, the doctor could be held liable for malpractice.

To be able to bring a valid malpractice lawsuit, the victim must prove that a competent attorney could have helped prevent their financial loss or at least minimize its size. This is often referred to as the "but for" test. Additionally, it is required to prove that the plaintiff incurred costs in the pursuit of a legal claim which are more than the amount demanded as compensation.

Our medical malpractice lawyers are able to explain the various types of damages attained in a malpractice case including the past, present and future medical expenses loss of income, suffering and pain and suffering, as well as other non-economic losses. Generally, the more serious the injury, the greater the amount of compensation. However, a verdict that is deemed to be a success is sometimes overturned on appeal. Settlements that are not in court may be advantageous for some clients. It will save money and time on litigation costs. It also avoids the risk of having a jury choosing a case based on emotion rather than fact.