How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits are complex. There are specific guidelines that must be met including a time limit within which the suit could be filed.

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

Complaint

Your attorney will file a court complaint and summons if he or she has discovered evidence of malpractice. The complaint identifies the defendants in your case and clearly states the allegations you're making against them.

Malpractice claims are based on the idea that a doctor or nurse or any other healthcare provider owes the patient a standard of treatment. This is defined as the level of skill and caution that a reasonable medical professional with the same training would apply in similar circumstances. Your legal team must show that your doctor did not adhere to this standard and caused you to suffer damage.

A physician's standard of care is often a matter of opinion and is often difficult to prove. This is why it is essential to select a law firm that has access to experts who can provide testimony about the medical field and what a reasonable professional in the same situation as your doctor would have done.

Not only doctors make mistakes, but also hospital staff, such as nurses and anesthesiologists. This is particularly true for emergency room personnel, where errors are usually due to the crazed atmosphere and overworked employees. Your attorney might be able obtain evidence from experts in the emergency department who can provide evidence of what should have been done and why your doctor's actions did not meet the standards.

Discovery

During the discovery phase the attorney will collect and examine evidence that may prove a malpractice claim. This includes medical records, witness statements as in addition to expert testimony. The other side's legal team will also have the opportunity to obtain this information from you and your attorney. This is typically done through interrogatories as well as requests for production of documents. Certain documents may be considered to be confidential and confidential because of privacy laws, like HIPAA's Privacy Rule.

You must also prove your injury is due to the negligence of the doctor. This is the most difficult element of a case involving medical negligence, malpractice lawsuit as it requires expert testimony to support your claim.

Your lawyer will also depose witnesses to prove that the doctor was negligent. This can include nurses, assistants, radiologists, dentists and others who were involved in your treatment. Your attorney will know how to conduct effective and strong depositions to ensure that these witnesses admit that the doctor was negligent.

Most lawsuits are resolved, or settled, before they get to the trial stage. In medical malpractice cases, this is especially common as the costs of going to trial can be quite expensive. After the facts of your case are established, a settlement could be reached between you and the insurance company for the doctor. If a settlement cannot be reached, the case may be heard in court.

Trial

After your attorney has completed the initial investigation and determines you have a strong malpractice case, they will file the complaint. The complaint will clearly state the allegations and must be delivered to the defendant in a summons.

Discovery is the next step. The next phase involves discovery. This involves the exchange and deposition of witnesses. Your lawyer will use these statements to establish your doctor's breach of standard of care. The goal is to prove that the error resulted from the negligence of the doctor that caused damages.

Your medical malpractice attorney will also work with one or more expert witnesses in support of your claim. They will be provided with medical records and details about your case to prepare for their depositions and testimonies. They may also assist in preparing your case for trial.

As part of the preparation for trial, your attorney will begin settlement negotiations with the defense. The process can take many years. During this period, you will be recovering from your injuries while determining the amount and value of your damages. If you can, it is the best option for everyone to avoid litigation and settle outside of court. Your attorney will carefully evaluate the advantages of a settlement offer against your current and future recovery. If the settlement is reasonable your lawyer will convince you to accept it.

Damages

During the discovery process Plaintiffs must demonstrate that their losses were significant and that the negligence of the defendant contributed to the damages. For instance, if a doctor failed to inform the patient that a surgical procedure was associated with a 30 percent chance of losing a limb, and the surgery was performed perfectly but the patient lost their arm, the medical professional may be liable for malpractice.

In order to have a legitimate malpractice lawsuit, the person who is suing must also prove that a competent lawyer could have been able prevent their financial loss or at a minimum, lessen its size. This is commonly referred to as the "but for" test. In addition, it is necessary to demonstrate that the plaintiff has incurred expenses in pursuit of a successful legal claim that are more than the amount sought as compensation.

Our medical malpractice lawyers can explain the different types of damages sustained in a malpractice lawsuit including past, present and Malpractice Lawsuit foreseeable medical expenses loss of income, suffering and pain and suffering, and other non-economic losses. The more money you are awarded the more serious the injury. A decision that is found to be a success could be overturned through an appeal. Settlements outside of court can be beneficial for certain clients. It will save money and time in court costs. It also avoids the risk of a jury ruling on a case based upon emotion rather than fact.