How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits are complex. There are certain guidelines that must be met with a specific time frame within which the suit may be filed.

In addition to the need to prove negligence, the plaintiff must prove that the actions of the doctor caused injuries and losses. This will require hospital and medical records.

Complaint

If your attorney's probe has revealed evidence that a malpractice was committed, he will file a complaint in court and issue a summons. The complaint will identify the defendants in your case and outlines the allegations you're making against them.

Malpractice claims are based on the notion that a doctor, nurse or other healthcare provider is obligated to a patient a certain standard of care. This is the standard of competence and care an appropriately prudent doctor who has similar training would apply in similar circumstances. Your legal team has to prove that your doctor did not meet this standard, resulting in injuries from which you sustained damages quantifiable.

It can be a challenge to prove that a physician's standards are the same as another doctor's. It is essential to find an attorney who has access to experts in the field of medicine to provide proof of what a reasonable doctor would have done.

Not only doctors can make mistakes, but so do hospital personnel, such as nurses and anesthesiologists. This is especially the case for emergency room personnel where mistakes are usually caused by a hectic atmosphere and overworked personnel. Your lawyer may be able to get an expert witness from the emergency room staff who can show what should have happened and how your doctor failed to meet the standard.

Discovery

In the discovery phase your lawyer will collect and analyze evidence that could support a malpractice case. This includes medical records, witness statements, as in addition to expert testimony. The legal team on the other side can also have the chance to request this information from you and your attorney. This usually happens through interrogatories and requests for production of documents. Certain materials are considered to be privileged and secret due to privacy laws, for instance HIPAA's Privacy Rule.

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

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

Most lawsuits are resolved, or settled, prior to reaching the trial stage. This is particularly common in medical malpractice cases since the costs involved in trial can be high. Once the facts of your case are established, a settlement could be discussed between you and your insurance company for the doctor. If a settlement cannot be reached the case will go to trial.

Trial

Once your attorney has completed the initial investigation and concludes that you have a strong malpractice case, they will file the complaint. It will state clearly your allegations and be served on the defendant along with a summons.

The next stage is discovery. This includes the exchange of medical records as well as depositions from witnesses. The lawyer will use the evidence to prove that your doctor violated the standard of care. The objective is to prove that the error resulted of the doctor's negligence and caused damage.

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

As part of the trial preparation, your attorney will begin settlement negotiations with the defense. The process can take several years. During this period, malpractice lawsuit you'll be recovering from your injuries and determining the magnitude and value of your losses. It's in everyone's best interest to settle your case outside of court whenever possible. Your lawyer will carefully consider the merits of a settlement against your present and long-term recovery. If the settlement proposal is reasonable, then your lawyer will be able to convince you to accept it.

Damages

During the discovery phase, plaintiffs will have to prove that their losses are substantial and that the negligence of the defendant contributed to these losses. For instance, if a doctor failed to inform the patient that the surgery was associated with a 30 percent chance of losing a limb. If the procedure was carried out perfectly but the patient lost their arm and the medical professional could be held liable for malpractice.

To have a viable malpractice lawsuit, the victim must prove that a competent attorney could have helped stop their financial loss or at the very least, malpractice lawsuit reduce the size. This is commonly referred as the "but for" test. It is also necessary to prove that the plaintiff has incurred costs in pursuit a successful legal claim, which is greater than the amount they seek in compensation.

Our medical malpractice lawyers can explain the various types of damages that can be given in a malpractice lawsuit which include past, present and future medical expenses as well as lost income or income, pain and discomfort and other economic or non-economic losses. In general, the more severe the injury, higher the award. A successful verdict may be rescinded by appeal. Settlements outside of court could be beneficial for certain clients. It will help save time and money on costs for litigation, as well as avoiding the risk of having a jury decide cases on the basis of emotions rather than facts.