How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits can be a little complicated. There are certain rules that must be followed including a certain time period in which the suit can be filed.

The plaintiff must also prove that the doctor's actions led to injuries and losses. This will require hospital and medical documents.

Complaint

Your lawyer will file a court complaint and summons when he/she has found evidence of misconduct. The complaint will identify the defendants and make the allegations against them.

Malpractice claims are founded upon the belief that nurses, doctors and other healthcare professionals owe patients a certain standard of care. This is the amount of skill and caution reasonable doctors with similar training would employ in similar situations. Your legal team has to prove that your doctor violated this standard and resulted in you suffering quantifiable harm.

The standard of care for a doctor is often a matter of opinion, and can be difficult to prove. It is crucial to employ an attorney who has access to experts in the medical field to testify about what a competent professional would have done.

It is not just physicians who commit medical errors, hospital staff members, like nurses and anesthesiologists can be liable for malpractice. This is particularly true for emergency room staff, whose errors are usually due to a hectic atmosphere and overworked employees. Your lawyer may be able to obtain testimony from experts in the emergency room that can assist in proving the correct procedure and how the actions of your doctor did not meet this standard.

Discovery

In the discovery phase your lawyer will collect and review evidence that could help in proving a malpractice case. This includes medical records and witness statements, as in addition to expert testimony. The information could also be requested by the legal team opposing the case. This is accomplished through interrogatories or requests for documents. Certain documents could 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 your doctor. This is the most difficult part of a malpractice case since it requires expert witness testimony that proves your claim.

Your lawyer will also question any witnesses that can prove the doctor's negligent actions. This could include radiologists dentists nurses, assistants, as well as other individuals who were involved in the care of your health. Your lawyer will be adept in taking effective and convincing depositions to convince these witnesses to admit that the doctor was negligent.

The majority of lawsuits are settled before they go to trial. In the case of medical malpractice this is particularly common since the cost of going to trial can be expensive. Once the facts are established, you can negotiate an agreement with the insurer of the doctor. If a settlement cannot be reached your case will proceed to trial.

Trial

Once your attorney has completed the initial investigation and concludes that you have an excellent malpractice case, Malpractice lawyers they will file the complaint. The complaint will clearly state your allegations and be served to the defendant with a summons.

Discovery is the next stage. The next phase is discovery. This includes depositions and exchange of witnesses. Your lawyer will use these evidence to show that your doctor violated the standards of care. The objective is to prove that the error was the result of the doctor's negligence, and caused damages.

Your medical malpractice attorney will also work with one or more expert witnesses to support your claim. These experts will receive medical records and detailed information regarding your case in order to prepare for their deposition and testimony. They may also help in the preparation of your case for trial.

Your lawyer will initiate negotiations with the defense as part of the preparation for trial. This process can last for several years. During this period, you will be recovering from your injuries while determining the magnitude and Malpractice lawyers value of your losses. It is in everyone's best interests to settle outside of court whenever feasible. Your attorney will carefully weigh the merits of a settlement offer against your current and long-term recovery. If the settlement offer is reasonable the lawyer will be able to convince you to accept it.

Damages

During the process of discovery the plaintiffs must prove that their losses were significant and that the negligence of the defendant caused 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 arm, and the operation was perfect but the patient lost a limb or limb, the doctor may be held accountable for malpractice.

In order to be able to file a valid malpractice suit, the plaintiff must also prove that a competent lawyer could have been able prevent their financial loss or at the very least, reduce the amount. This is commonly referred to as the "but for" test. It is also required to prove that the plaintiff has incurred expenses in pursuing a successful legal claim, that is greater than the amount they seek in compensation.

Our medical malpractice lawyers can explain the various types of damages that could be caused by a malpractice lawsuit including past, present and future medical expenses and lost income, as well as suffering and other non-economic losses. In general, the more serious the injury, the more the award. However, a successful verdict may be rescinded when appealed. So, settling outside of court could be an advantageous option for some clients. It will save time and money on litigation fees, as well as avoiding the possibility of having a jury judge an issue on the basis of emotions instead of fact.