How to File a Medical Malpractice Lawsuit

Medical malpractice suits are complex. There are certain guidelines to be adhered to including a specified time period in 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 medical documents.

Complaint

Your lawyer will submit a court complaint as well as summons when he/she has found evidence of malpractice. The complaint will identify the defendants and state the allegations you have made against them.

Malpractice claims are based on the notion that a doctor, nurse or other healthcare provider owes the patient a minimum standard of care. This is the level of competence and prudence that an appropriately prudent doctor malpractice lawyer who has similar training would apply in similar situations. Your legal team needs to prove that your doctor did not meet this standard which resulted in injuries from which you suffered quantifiable damages.

It can be challenging to prove that a doctor's standards are 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 competent professional would have done.

It's not just doctors who commit medical mistakes; hospital staff members, like nurses and anesthesiologists can commit malpractice. This is particularly true for emergency room staff, whose mistakes are frequently made due to a crowded environment and overworked workers. Your attorney might be able to secure testimony from experts in the emergency room who can help demonstrate the correct procedure and how the actions of your doctor did not meet this standard.

Discovery

In the discovery phase the attorney will gather and examine evidence that could support a malpractice case. This could include medical records, witness statements, as well as expert testimony. The legal team representing the other side can also have the chance to request this information from you and your attorney. This is done by interrogatories or requests for documents. Certain documents could be classified as confidential or privileged due to privacy laws such as HIPAA and its Privacy Rule.

It is also necessary to prove that your injury was the result of a negligence of the doctor. This is the most challenging part of a medical malpractice case because it requires an expert witness testimony that supports your claim.

Your lawyer will also interview any witnesses that can prove that the doctor's actions were negligent. This could include radiologists dentists, nurses, assistants as well as other individuals who were involved in the treatment of your health. Your lawyer will know how to conduct effective and strong depositions to ensure that these witnesses accept that the doctor was negligent.

The majority of lawsuits are resolved or settled, before they get to the trial stage. This is particularly true for medical malpractice cases, since the costs associated with a trial can be extremely high. After the facts of your case are established, a settlement may be discussed between you and your insurance company for the doctor. If no settlement can be agreed upon, your case will go to trial.

Trial

After your attorney completes the initial investigation and determines you have a strong malpractice case they will file the complaint. This will clearly state the allegations and must be delivered to the defendant with a summons.

Discovery is the next step. The next stage involves discovery. This includes depositions and exchange of witnesses. Your lawyer will use the evidence to show that your doctor acted in violation of the standard of care. The goal is to establish that the error was caused by the doctor's negligence, and resulted in damages.

Aside from the witness statement Your medical malpractice lawyer will collaborate with one or two expert witnesses to prove your claim. These experts will be provided medical records as well as detailed information about your case to prepare for their deposition and testimony. They can also assist in preparing your case for Malpractice Lawyer trial.

Your attorney will begin discussions on settlement with the defense team as part of the trial preparation. This process could last for many years. In this time, you are recovering from your injuries and determining the extent of your injuries. It is in everyone's best interests to settle your case outside of court whenever possible. Your attorney will carefully assess the merits of any settlement with your current and future recovery. If the settlement is fair your lawyer will advise you to accept it.

Damages

During the discovery process Plaintiffs must demonstrate that their losses were significant and that the negligence of the defendant caused the damages. For instance, if the doctor did not inform the patient that the procedure was associated with a 30 percent chance of losing a limb. If the surgery was performed perfectly but the patient lost their arm, the medical professional may be held accountable for malpractice.

A victim can also prove that a competent lawyer could have prevented or minimized the financial loss. This is often referred to as the "but for" test. Additionally, it is necessary to demonstrate that the plaintiff's expenses to pursue a successful legal claim that is over the amount sought for compensation.

Our medical malpractice attorneys can provide an explanation of the different types of damages that could be given in a malpractice lawsuit, including past, current and future medical expenses as well as loss of income and pain and discomfort and other economic or non-economic loss. The more money you are awarded the more serious the injury. However, a ruling that is successful is sometimes overturned upon appeal. Settlements outside of court may be beneficial to some clients. It will save time and money in costs for litigation, as well as avoiding the risk of having a jury decide cases on the basis of emotions rather than facts.