How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits can be a bit complicated. There are specific guidelines to follow, such as a deadline within which the lawsuit may be filed.

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

Complaint

When your attorney's inquiry has uncovered evidence that malpractice law firm was committed, he will file a complaint in court along with summons. The complaint will identify the defendants in your case and clearly states the allegations that you are making against them.

Malpractice claims are based on the premise that nurses, doctors or other healthcare professionals owe patients the highest standard of care. This is defined as the level of care and skill that a reasonably prudent medical professional with the same training would exercise in similar circumstances. Your legal team must to show that your doctor breached this standard that resulted in injuries due to which you suffered quantifiable damages.

A physician's standard of care is usually an issue of opinion and malpractice is difficult to prove. It is crucial to employ an attorney who has access to experts in the field of medicine to testify on what a reasonable professional would have done.

It is not just physicians who commit medical errors, hospital staff members, like nurses and anesthesiologists, also can commit malpractice. This is particularly true of emergency room personnel, where errors are usually due to a hectic atmosphere and overworked workers. Your lawyer may be able to obtain testimony from experts in the emergency room who can help demonstrate the correct procedure and why your doctor's actions did not meet this standard.

Discovery

During the discovery process, your attorney will gather and look over evidence that might be used to support a malpractice claim. This includes medical records, witness statements as and expert testimony. This information can also be requested by the opposing legal team. This is usually done through interrogatories as well as requests for production of documents. However, certain materials may be privileged or confidential because of 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 challenging aspect of a medical negligence case since it requires expert witness testimony that supports your claim.

Your lawyer will also question witnesses who can demonstrate the doctor's negligence. This could include assistants, nurses, radiologists, dentists and other personnel who were involved in your treatment. Your attorney will be skilled in taking effective and convincing depositions that force these witnesses to admit that the doctor's negligence was a factor.

Most lawsuits are resolved, or settled before they reach the trial stage. In medical malpractice cases it is a common practice due to the fact that going to trial can be quite expensive. Once the facts are established then you can negotiate a settlement with the insurance company of the doctor. If a settlement cannot be reached, your case could proceed to trial.

Trial

Once your attorney has completed the initial investigation and concludes that you have a strong malpractice case they will file the complaint. It will state clearly your claims and will be served to the defendant along with a summons.

The next phase is discovery. The next phase involves discovery. This involves the exchange and deposition of witnesses. Your lawyer will use the evidence to prove that your doctor acted in violation of the standard of care. The objective is to prove that the error was caused by the negligence of your doctor, and caused damages.

Your medical malpractice attorney will also collaborate with one or more expert witnesses to support your claim. They will be provided with medical records and specific information about your case to prepare for their deposition and testify. They can also assist you in preparing your case for trial.

As part of the preparation for trial your lawyer will start settlement negotiations with the defense. This process can go on for many years. During this period, you'll be recovering from your injuries and determining the extent and value of your damages. It is in everyone's best interests to settle your case outside of court whenever it is possible. Your lawyer will carefully consider the merits of any settlement offer with your current and potential recovery. If the settlement offers are reasonable the lawyer will advise you to accept it.

Damages

During the discovery process plaintiffs must demonstrate 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 that a surgery was a 30 percent risk of losing a limb and the procedure was completed perfectly but the patient lost their arm and the medical professional could be held accountable for negligence.

In order to have a legitimate malpractice lawsuit, the person who is suing must prove that a competent attorney could have been able to stop their financial loss or at a minimum, lessen the amount. This is sometimes referred to the "but for test". In addition, it is important to show that the plaintiff was liable for costs to pursue a legal claim which are more than the amount sought as compensation.

Our medical malpractice lawyers can explain the various types of damages that may be caused by a malpractice lawsuit including past, present and foreseeable medical expenses and lost income, as well as pain and suffering and other economic and non-economic losses. In general, the more severe the injury, the higher the amount of compensation. However, a ruling that is successful is sometimes overturned upon appeal. So, settling out of court may be a beneficial option for a few clients. It can reduce time and cost in court costs, as well as avoiding the risk of having a jury decide an issue on the basis of emotion rather than facts.