How to File a Medical Malpractice Lawsuit

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

In addition to the need to prove negligence, the plaintiff must prove that the actions of the doctor caused injuries and losses. This will require hospital and medical documents.

Complaint

If your attorney's probe has uncovered evidence that malpractice law firm occurred, the attorney will file a lawsuit in court, along with summons. The complaint will identify the defendants, and then state the allegations you bring against them.

Malpractice claims are based on the notion that nurses, doctors, or other healthcare providers owe a patient the same level of care. This is the level of competence and care a reasonably prudent doctor with similar training would use in similar situations. Your legal team must demonstrate that your doctor violated this standard and caused you to suffer quantifiable damages.

It can be difficult to prove that a physician's standards are the same as another doctor's. This is why it's important to work with a legal firm with access to experts who can testify about the medical field and what reasonable professionals in your situation would have done.

It's not just physicians who commit medical mistakes; hospital personnel, including nurses and anesthesiologists, also can be liable for malpractice. This is especially true for emergency room staff, as mistakes are often made due to a hectic atmosphere and overworked employees. Your lawyer could be able to secure experts from emergency room personnel who can demonstrate the circumstances that led to the incident and why your doctor was unable to meet this standard.

Discovery

In the discovery phase, your attorney will collect and examine evidence that could support a malpractice case. This includes medical records, witness statements as and expert testimony. These records can also be requested by the opposing legal team. This is usually done through interrogatories as well as requests for production of documents. Certain materials may be privileged and confidential because of privacy laws, like HIPAA's Privacy Rule.

You must also prove your injury is the result of the negligence of the doctor. This is the most difficult aspect of a medical negligence case because it requires an expert evidence to support your claim.

Your lawyer will also call any witnesses that can support the doctor's negligence. This can include nurses, assistants, radiologists, dentists and others who were involved in your care. Your lawyer will be adept in preparing powerful and effective depositions that force these witnesses to admit that the doctor's negligence was a factor.

The majority of lawsuits are settled before they reach trial. This is particularly true in medical malpractice cases because the costs involved in trial can be expensive. After the facts of your case are established, a settlement can be reached between you and the insurance company for the doctor. If a settlement cannot be reached, the case may go to trial.

Trial

Your lawyer will file a complaint following conducting the initial investigation. If they conclude that you have a compelling case of malpractice, they will file it. The complaint will be clear in its allegations and must be handed to the defendant in the summons.

Discovery is the next stage. This includes the exchange of medical records as well as depositions of witnesses. Your lawyer will use these statements to establish your doctor's violation of the standard of care. The objective is to prove that the error was the result from the negligence of the doctor that caused damage.

Aside from the witness statement Your medical malpractice lawyer will collaborate with one or two expert witnesses to support your claim. They will be provided with medical records as well as detailed information regarding your case to prepare for their depositions and testimonies. They may also assist in preparing your case for trial.

Your attorney will start settlement discussions with the defense as part of the preparation for trial. This process is ongoing throughout the trial, and can last for several years. During this time, it is important that you are recovering from your injuries and determining the magnitude of your damages. When you can, it's in everyone’s best interest to avoid litigation and settle outside of court. Your lawyer will carefully evaluate the merits of any settlement offer against your current and future recovery. If the settlement is reasonable and fair, then your lawyer will encourage to accept it.

Damages

During the discovery process Plaintiffs must demonstrate that their losses were significant and that the negligence of the defendant was a factor in the damages. For instance, if the doctor failed to inform the patient that the surgery was a 30 percent risk of losing a limb. Moreover, if the procedure was done correctly but the patient lost their arm in the process, the medical professional could be liable for malpractice.

To be able to bring a valid malpractice suit, the plaintiff must also show that a competent attorney could have been able to reduce their financial loss, or at least reduce the size. This is commonly referred to as the "but for" test. In addition, it is required to prove that the plaintiff's expenses to pursue a successful legal claim that are more than the amount demanded as compensation.

Our medical malpractice lawyers are able to explain the various types of damages that may be attained in a malpractice case including future, present and malpractice lawyer past medical expenses as well as lost income, suffering as well as other non-economic losses. The more money you are awarded is, the more serious injury. A ruling that is deemed to be successful can be challenged by an appeal. So, settling out of court could be a beneficial option for some clients. It can save money as well as time in litigation fees. It also avoids the possibility of a jury deciding a case based on emotion rather than fact.