How to File a Medical Malpractice Lawsuit

Medical malpractice lawyer lawsuits are complex. There are specific guidelines to follow, including a deadline within which the lawsuit can be filed.

The claimant also has to prove that the doctor's actions resulted in injuries and losses. This will require hospital and medical records.

Complaint

Your attorney will submit a court complaint as well as summons if he or she has discovered evidence of negligence. The complaint will identify the defendants, and then state the allegations you bring against them.

Malpractice claims are based upon the belief that doctors, nurses or other healthcare providers owe a patient a certain standard of care. This standard is defined as the amount of competence and care that a reasonable medical professional with similar training could exercise in similar situations. Your legal team will have to show that your doctor violated this standard and caused injuries to which you suffered quantifiable damages.

It can be challenging to prove that a physician's standards are comparable to another doctor's. This is why it is important to work with a legal firm with access to expert witnesses who can provide testimony about the medical field and what reasonable medical professionals in your doctor's situation would have done.

It's not just doctors who make medical errors; hospital staff members, like nurses and anesthesiologists can be liable for malpractice. This is particularly true for emergency room staff, as mistakes are often made due to a hectic atmosphere and overworked employees. Your attorney may be able to obtain experts from emergency room staff who can show what could have been done differently and how your doctor failed to meet the standard.

Discovery

During the discovery process the attorney will gather and review evidence that could be used to support a malpractice lawyer claim. This could include medical records, witness statements as also expert testimony. The legal team of the other side may also be able to request the information from you and your attorney. This is accomplished through interrogatories or requests for documents. However, certain materials could be privileged or confidential due to privacy laws, such as HIPAA and its Privacy Rule.

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

Your lawyer will also question 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 care of your health. Your lawyer will know how to take effective and strong depositions to ensure that these witnesses acknowledge that the doctor's negligence was a factor.

The majority of lawsuits are settled before going to trial. In cases involving medical malpractice this is particularly common because the cost of going to trial can be expensive. Once the facts are established then you can negotiate an agreement with the insurer of the doctor. If a settlement isn't possible, your case will then go to trial.

Trial

Your attorney will file a formal complaint after an initial investigation. If they decide that you have a strong case of malpractice, they will file it. The complaint will clearly state the allegations and must be delivered to the defendant with a summons.

Discovery is the next stage. This involves the exchange of medical records as well as depositions of witnesses. Your lawyer will use the evidence to prove that your doctor violated the standards of care. The aim is to demonstrate that the error was the result of the doctor's negligence, and caused damages.

In addition to the witness statement, your medical malpractice attorney will also work with a couple of expert witnesses to back up your claim. These experts will receive medical records and detailed information about your case in preparation for their depositions and testimony. They can also assist in preparing your case for trial.

Your attorney will start talks with the defense as part of the trial preparation. This process could last for several years. During this time, you are recovering from your injuries and Malpractice Attorney determining the magnitude of your losses. When you can, it's in everyone's best interest to avoid litigation and settle out of court. Your attorney will carefully weigh the merits of a settlement against your present and long-term recovery. If the settlement offer is reasonable and fair, then your attorney will convince you to accept it.

Damages

During the discovery phase, plaintiffs be required to prove that their losses are substantial and that the negligence of the defendant contributed to the damages. If, for example, the doctor did not inform the patient of the 30 percent likelihood that the procedure will result in the loss of a leg, and the surgery was successful, but the patient lost a limb and limb, then the medical professional may be held accountable for malpractice.

A victim could also prove that a skilled lawyer could have prevented or mitigated their financial loss. This is often referred to as the "but for" test. It is also necessary to show that the plaintiff has paid for expenses in the pursuit of a successful legal claim, which are greater than the amount sought in compensation.

Our medical malpractice lawyers can explain the various forms of damages that could be suffered in a malpractice lawsuit including past, present and future medical expenses as well as lost income, pain and suffering and other economic and non-economic losses. The higher the amount is, the more serious injury. However, a decision that is successful can sometimes be overturned on appeal. Settlements that are not in court may be advantageous for some clients. It can reduce time and cost in litigation costs, aswell as avoid the potential risk of having a jury decide a case on the basis of emotions instead of fact.