How to File a Medical Malpractice Lawsuit

Medical malpractice suits are complicated. There are specific guidelines to follow, including a time limit within which a lawsuit can be filed.

In addition to proving negligence, the claimant must show that the actions of the doctor led to injuries and losses. This will require medical and hospital records.

Complaint

If your attorney's probe has discovered evidence of malpractice occurred, he or she will file a lawsuit in court and issue summons. The complaint identifies the defendants in your case, and clearly outlines the allegations you're making against them.

Malpractice claims are based on the belief that a physician or healthcare professional owes a patient a certain standard of care. This is defined as the level of expertise and prudence that a reasonably prudent medical professional with the same training could exercise in similar situations. Your legal team has to show that your doctor violated this standard, resulting in injuries from which you have suffered damages that are quantifiable.

The standard of care a physician provides is often an issue of opinion and is difficult to prove. It is crucial to choose an attorney who has access to experts in the field of medicine to testify about what a professional of reasonable standards would have done.

It's not only doctors who make mistakes in their medical practice; hospital staff members, like nurses and anesthesiologists can commit malpractice. This is particularly the case for emergency room personnel where mistakes are usually caused by a hectic atmosphere and overworked personnel. Your attorney might be able obtain evidence from experts in the emergency department who can provide evidence of what could have been done and how the actions of your doctor fell short of this standard.

Discovery

During the discovery phase, your attorney will gather and look over evidence that might be used to support a malpractice claim. This includes medical documents, malpractice attorney witness statements expert testimony and more. The legal team representing the other side can also have the chance to obtain this information from you and your attorney. This is accomplished through interrogatories or requests for documents. Certain materials may be privileged and confidential because of privacy laws, like HIPAA's Privacy Rule.

You must also prove that your injury was caused by the negligent doctor. This is the most challenging part of a medical malpractice case as it requires expert witness testimony that proves your claim.

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

Most lawsuits are settled before going to trial. This is especially true in medical malpractice cases because the cost of a trial can be very expensive. After the facts of your case are established, a settlement can be reached between you and the insurer of your doctor. If a settlement cannot be reached, your case will then proceed to trial.

Trial

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

Discovery is the next phase. The next stage involves discovery. This includes depositions and exchange of witnesses. Your lawyer will use these statements to establish your doctor's breach of the standard of care. The goal is to prove that the error was a result of the doctor's negligence and caused damages.

Apart from the witness's statement, your medical malpractice attorney will collaborate with a couple of experts to support your claim. These experts will receive medical records and specific information about your case in preparation for their depositions and testimonies. They may also assist in preparing your case for trial.

As part of the trial preparation, your attorney will begin negotiations for settlement with the defense. This process continues throughout the trial and may last for years. During this period, you'll be recovering from your injuries and determining the extent and value of your injuries. When possible, it's beneficial for everyone to avoid litigation and settle outside of court. Your attorney will carefully assess the merits of any settlement proposal with your current and future recovery. If the settlement is reasonable, your lawyer will encourage you to accept it.

Damages

During the process of discovery, plaintiffs must show that their losses were significant and that the negligence of the defendant was a factor in the damages. If, for example, the doctor failed to inform the patient of the 30% risk that the procedure would result in the loss of a leg, and the surgery was perfect but the patient lost an arm in the process, malpractice attorney then the medical professional could be held accountable for negligence.

A victim could also prove that a competent lawyer could have prevented or mitigated their financial loss. This is commonly referred to as the "but for" test. Additionally, it is necessary to demonstrate that the plaintiff incurred costs in the pursuit of a legal claim that is greater than the amount demanded as compensation.

Our medical malpractice lawyers are able to explain the various forms of damages caused by a malpractice lawsuit including the past, present and future medical expenses as well as lost income, pain and suffering as well as other non-economic losses. The higher the award the more serious the damage. A successful verdict may be overturned through an appeal. Therefore, settling out of court may be a viable option for some clients. It can save money as well as time on litigation costs. It also eliminates the possibility of a jury choosing a case based on emotions instead of facts.