How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits are a bit more complicated. There are certain guidelines to follow, for example the time frame within which the lawsuit can be filed.

The claimant must also demonstrate that the doctor's actions caused injuries and losses. This will require medical and hospital documents.

Complaint

When your attorney's inquiry has uncovered evidence that malpractice occurred, he or she will file a lawsuit in court and issue a summons. The complaint will identify the defendants in your case, and clearly outlines the allegations you are 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 is defined as the degree of competence and care that a reasonably prudent medical professional trained similarly would apply in similar circumstances. Your legal team must show that your doctor did not adhere to this standard and caused you to suffer damages.

It isn't easy to prove that a physician's standard is the same as another doctor's. It is crucial to employ an attorney who has access to experts in the medical field to testify on what a professional of reasonable standards would have done.

Not only doctors make mistakes, but also hospital staff, including anesthesiologists and nurses. This is particularly true of emergency room staff, whose mistakes are often made due to a chaotic environment and overworked staff. Your attorney might be able to secure testimony from experts in the emergency department who can provide evidence of the proper procedure and why your doctor's actions fell short of this standard.

Discovery

During the discovery process during the discovery phase, your lawyer will gather and review evidence that could prove a malpractice case. This could include medical records, witness statements, as also expert testimony. This information can also be requested by the opposing legal team. This is accomplished through interrogatories or requests for malpractice attorney documents. Certain documents could be classified as confidential or privileged due to privacy laws such as HIPAA and its Privacy Rule.

You must also prove your injury is the result of the doctor's negligence. This is the most challenging aspect of a medical negligence claim because it requires expert witness testimony that proves your claim.

Your lawyer will also interview any witnesses that can prove that the doctor's actions were negligent. This could include nurses, assistants, radiologists, dentists and others who were involved in your care. Your attorney will know how to conduct powerful and effective depositions to ensure that these witnesses accept that the doctor was negligent.

The majority of lawsuits are settled before going to trial. In medical malpractice cases this is the most common because the cost of going to trial can be expensive. After the facts of your case are established, a settlement may be agreed upon between you and the doctor's insurance company. If no settlement can be reached, your case could be heard in court.

Trial

Your lawyer will file a formal complaint after an initial investigation. If they conclude that you have a compelling case for malpractice, they will file the complaint. It will state clearly your claims and will be served on the defendant, along with a summons.

Discovery is the next stage. This includes the exchange of medical records and depositions of witnesses. Your lawyer will make use of these documents to prove the doctor's breach of standard of care. The objective is to prove that the error was a result of negligence on the part of the doctor and caused damages.

Aside from the witness statement, your medical malpractice attorney will collaborate with two or three expert witnesses to prove your claim. These experts will be given medical records and all the details regarding your case in order to prepare for their deposition and testimony. They may also help in preparing your case for trial.

Your lawyer will begin settlement discussions with the defense team as part of the trial preparation. The process can take several years. During this period, you will be recovering from your injuries while determining the extent and value of your losses. It's in everyone's interest to settle the matter out of court whenever feasible. Your attorney will carefully compare the merits of any settlement proposal with your current and future recoveries. If the settlement proposal is reasonable then your lawyer will be able to convince you to accept it.

Damages

During the discovery process, plaintiffs must show that their losses were substantial and that the negligence of the defendant caused the damages. For instance, if a doctor did not inform the patient that a surgery carried a 30 percent chance of losing a limb and the procedure was carried out perfectly but the patient lost their arm or limb, the doctor could be liable for malpractice lawyer.

A victim may also demonstrate that a skilled lawyer could have prevented or reduced the financial loss. This is often referred to as the "but for" test. In addition, it is important to show that the plaintiff's expenses in the pursuit of a legal claim that is over the amount sought for compensation.

Our medical malpractice lawyers can explain the different types of damages that may be caused by a malpractice lawsuit including past, present and future medical expenses and lost income, as well as pain and suffering and other economic and non-economic losses. The more money you are awarded the more serious the damage. However, malpractice attorney a decision that is successful can sometimes be overturned on appeal. Therefore, settling out of court may be a good alternative for some clients. It can help save time and money on costs for litigation, as well as avoid the potential risk of having a jury decide an issue on the basis of emotion instead of fact.