How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits can be very complicated. There are specific guidelines to be followed, which include a time limit within which the lawsuit can be filed.

In addition to proving negligence, the person seeking compensation must also prove that the doctor's actions caused injuries and losses. This will require medical and hospital records.

Complaint

If your attorney's probe has discovered evidence of malpractice has occurred, he or she will file a lawsuit in court, along with a summons. The complaint will identify the defendants in the case and outlines the allegations you're making against them.

Malpractice claims are based on the notion that nurses, doctors and other healthcare providers are obligated to a patient the highest standard of care. This standard is defined as the degree of expertise and prudence that a reasonable medical professional trained similarly would exercise in similar circumstances. Your legal team must prove that your doctor did not adhere to this standard and caused you to suffer damages.

It can be a challenge to prove that a doctor's standard is the same as another doctor's. It is crucial to employ an attorney who has access to experts in the field of medicine to testify about what a competent professional would have done.

It is not just physicians who make mistakes in their medical practice; hospital personnel, including nurses and anesthesiologists, also can be liable for malpractice. This is especially the case for emergency room personnel where mistakes are usually caused by a hectic atmosphere and overworked workers. Your lawyer could be in a position to secure experts from emergency room personnel who can explain what could have been done differently and why your doctor was unable to meet the standards.

Discovery

In the discovery phase the attorney will gather and analyze evidence that could be used to support a malpractice law firms claim. This includes medical records and witness statements, malpractice lawsuits as also expert testimony. This information can be requested by the legal team opposing the case. This is typically done through interrogatories and requests for the production of documents. Certain materials may be privileged and secret due to privacy laws, for instance HIPAA's Privacy Rule.

You must also prove that your injury was the result of a negligent doctor. This is the most difficult aspect of a medical negligence case since it requires expert witness testimony to support your claim.

Your lawyer will also depose witnesses who can demonstrate the doctor's negligence. This could include nurses, assistants, radiologists, dentists and others who were involved in your care. Your attorney will be skilled in preparing strong and persuasive depositions that force these witnesses to admit that the doctor was negligent.

The majority of lawsuits are settled prior to trial. This is particularly true in medical malpractice cases because the costs of a trial can be very expensive. After the facts of your case have been established, a settlement can be discussed between you and your insurance company for the doctor. If a settlement cannot be reached your case will go to trial.

Trial

When your lawyer has completed the initial investigation and decides you have an excellent malpractice case, malpractice lawsuits they will file the complaint. The complaint will clearly state your claims and will be served on the defendant along with a summons.

Discovery is the next step. This includes the exchange of medical records and depositions of witnesses. Your lawyer will use the evidence to show that your doctor violated the standards of care. The goal is to establish that the error was the result of the negligence of the doctor and caused damage.

Your medical malpractice lawyer will also work with one or more expert witnesses to support your claim. They will be provided with medical records as well as detailed information regarding your case in order to prepare for their deposition and testify. They may also assist in preparing your case for trial.

Your attorney will begin settlement discussions with the defense team as part of the preparation for trial. This process is ongoing throughout the case and may last for several years. During this period, you will be recovering from your injuries and determining the magnitude and value of your damages. When possible, it's beneficial for everyone to avoid litigation and settle outside of court. Your attorney will carefully compare the merits of any settlement with your current and future settlement. 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 significant and that the negligence of the defendant was a factor in the damages. If, for instance, the doctor did not inform the patient of the 30% likelihood that the procedure will result in the loss of a leg, and the surgery was perfect, but the patient lost an arm, then the medical professional could be held responsible for malpractice.

To be able to bring a valid malpractice lawsuit, the person who is suing must prove that a competent lawyer would have been able to stop their financial loss or at a minimum, lessen the size. This is often referred to as the "but for test". It is also necessary to prove that the plaintiff has paid for expenses in the pursuit of a successful legal claim, which are greater than the amount they seek in compensation.

Our medical malpractice lawyers are able to explain the different types of damages that could be suffered in a malpractice lawsuit including past, present and future medical expenses, lost income, pain and suffering and other economic and non-economic losses. Generally, the more serious the injury, the higher the award. However, a verdict that is deemed to be a success may be rescinded when appealed. Settlements that are not in court may be beneficial for certain clients. It will save money and time in litigation fees. It also reduces the risk of a juror ruling on a case based upon emotion rather than fact.