How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits are a complex matter. There are certain rules that must be followed including a time limit in which the suit can be filed.

In addition to showing negligence, the claimant must prove that the doctor's actions resulted in losses and injuries. This will require hospital and medical records.

Complaint

Your lawyer will prepare a court-appointed complaint and summons after he has found evidence of misconduct. The complaint identifies the defendants in your case and outlines the allegations you're making against them.

Malpractice claims are based upon the belief that nurses, doctors and other healthcare providers are obligated to a patient the same level of care. This standard is defined as the level of expertise and prudence that a reasonable medical professional who has similar training could exercise in similar situations. Your legal team has to prove that your doctor did not adhere to this standard and caused you to suffer damage.

It can be a challenge to prove that a physician's standard is the same as another doctor's. This is why it is essential to select a law firm with access to experts who can testify on the medical field and what a reasonable professional in your doctor's position would have done.

Not only physicians can make mistakes, but also hospital staff, including nurses and anesthesiologists. This is particularly true for emergency room personnel, where mistakes are often made due to a crowded environment and overworked workers. Your attorney might be able to secure testimony from experts in the emergency department who can provide evidence of what should have been done and how the actions of your doctor were not up to the standard.

Discovery

During the discovery process your lawyer will collect and review evidence that may help in proving a malpractice case. This includes medical records and witness statements, as and expert testimony. The information may also be requested by the legal team opposing the case. This can be done via interrogatories or requests for documents. However, certain materials may be confidential or protected due to privacy laws such as HIPAA and its Privacy Rule.

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

Your lawyer will also interview any witnesses that can support the doctor's negligent actions. This can include assistants, nurses radiologists, dentists, and other personnel who were involved in your care. Your attorney will know how to conduct effective and powerful depositions to make witnesses to admitting that the doctor's negligence was a factor.

Most lawsuits are resolved, or settled, malpractice before they reach the trial stage. For medical malpractice cases this is particularly common since the cost of going to trial can be expensive. Once the facts are established then you can negotiate an agreement with the doctor's insurer. If a settlement isn't feasible, your case will then proceed to trial.

Trial

Your lawyer will file a complaint following an initial investigation. If they determine that you have a compelling case of malpractice, they will file it. The complaint will clearly state your allegations and must be served on the defendant, along with a summons.

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

In addition to the witness's testimony In addition to the witness statement, your medical malpractice law firms attorney will also work with two or more expert witnesses to back up your claim. These experts will receive medical records and all the details about your case to prepare for their testimony and deposition. They may also assist in preparing your case for trial.

Your attorney will start negotiations with the defense during the preparation for trial. The process continues throughout the course of the trial and can last for many years. During this time, you are recovering from your injuries and determining the magnitude of your damages. It is in everyone's best interests to settle out of the court and avoid litigation as often as possible. Your attorney will carefully weigh the merits of a settlement against your current and long-term recovery. If the settlement offer seems reasonable and fair, then your attorney will convince you to accept it.

Damages

During the discovery process Plaintiffs must demonstrate that their losses were substantial and that the negligence of the defendant was a factor in those damages. If, for example, the doctor failed to inform the patient of the 30 percent risk that the procedure would result in the loss of leg, and the surgery was perfect, but the patient lost an arm or limb, the doctor could be held liable for malpractice.

A victim may also show that a skilled lawyer could have prevented or mitigated their financial loss. This is sometimes called the "but for test". In addition, it is necessary to demonstrate that the plaintiff was liable for costs in the pursuit of a legal claim which are more than the amount of compensation sought.

Our medical malpractice lawyers are able to explain the different types of damages that can be awarded in a case of malpractice, including past, current and future medical expenses as well as lost income, pain and discomfort, and other economic or non-economic loss. In general, the more serious the injury, higher the award. A decision that is found to be a success could be overturned by an appeal. Settlements that are not in court may be beneficial to some clients. It can save money as well as time in litigation fees. It also avoids the risk of a juror ruling on a case based upon emotion instead of fact.