How to File a Medical Malpractice Lawsuit

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

The plaintiff must also prove that the doctor's actions caused injuries and losses. This will require hospital and medical documents.

Complaint

Your attorney will prepare a court-appointed complaint and summons if he or she has found evidence of misconduct. 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 notion that a doctor, nurse or other healthcare provider owes a patient a certain standard of care. This standard is the level of skill and caution an appropriately prudent doctor with similar training would employ in similar situations. Your legal team must show that your doctor did not adhere to this standard and caused you to suffer quantifiable injury.

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

It's not only doctors who commit medical errors, hospital staff members, like nurses and anesthesiologists can commit malpractice. This is particularly true of emergency room personnel, where errors are usually due to the crazed atmosphere and overworked employees. Your lawyer may be able to obtain testimony from experts in the emergency room that can assist in proving what should have been done and how your doctor's actions did not meet this standard.

Discovery

During the discovery stage the attorney will gather and analyze evidence that could support a malpractice case. This includes medical records, witness statements expert testimony, and more. The information could also be requested by the legal team opposing the case. This is usually done through inquiries and requests for production of documents. However, certain materials may be confidential or protected due to privacy laws such as HIPAA and its Privacy Rule.

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

Your lawyer will also depose witnesses who can prove the doctor was negligent. This can include radiologists, dentists as well as nurses, assistants and other personnel who were involved in the care of your health. Your attorney will be skilled at taking strong and effective depositions that force these witnesses to admit that the doctor was negligent.

The majority of lawsuits are resolved or settled, prior to reaching the trial stage. For medical malpractice cases it is a common practice because the cost of going to trial can be expensive. Once the facts of your case have been established, a settlement could be discussed between you and your insurance company for the doctor. If a settlement cannot be reached the case will go to trial.

Trial

Your lawyer will file a formal complaint after having completed the initial investigation. If they find that you have a strong case of malpractice, they will file the complaint. This will clearly state your allegations and must be served to the defendant along with a summons.

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

Your medical malpractice attorneys attorney will also collaborate with one or more expert witnesses to prove your claim. They will be provided with medical records as well as detailed information regarding your case to prepare for their deposition and testify. They may also help prepare your case for trial.

Your lawyer will initiate discussions on settlement with the defense team as part of the preparation for trial. This process can go on for several years. During this time, it is important that you are recovering from your injuries and determining the severity of your losses. When you can, it's in everyone's best interest to avoid litigation and settle outside of court. Your attorney will carefully evaluate the merits of a settlement against your present and long-term recovery. If the settlement is reasonable, your lawyer will encourage you to accept it.

Damages

During the process of discovery the plaintiffs must prove that their losses were substantial and that the negligence of the defendant caused the damages. For instance, if the doctor failed to inform the patient of the 30 percent chance that the procedure could result in the loss of a leg, and the surgery was perfect, but the patient lost a limb or limb, the doctor may be held accountable for malpractice.

A victim may also demonstrate that a competent lawyer could have averted or reduced the financial loss. This is sometimes called the "but for test". It is also essential to show that the plaintiff incurred costs to pursue a legal claim, that is greater than the amount they seek in compensation.

Our medical malpractice lawyers are able to explain the various types of damages that may be granted in a malpractice case that include past, current and Malpractice lawsuits future medical expenses, as along with loss of income or income, pain and discomfort and other non-economic loss. Generally, the more serious the injury, the more the amount of compensation. However, a ruling that is successful could be reversed upon appeal. Therefore, settling the case outside of court can be a viable option for certain clients. It will save time and money on litigation fees, as well as avoid the potential risk of having a jury judge cases on the basis of emotion rather than fact.