How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits can be a bit complicated. There are certain guidelines that must be met including a specified time period within which the suit could be filed.

The plaintiff must also prove that the doctor's actions led to injuries and losses. This will require medical and hospital records.

Complaint

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

Malpractice claims are founded on the premise that nurses, doctors or other healthcare providers owe a patient the same level of care. This standard is defined as the level of skill and caution that a reasonable medical professional trained similarly would exhibit in similar situations. Your legal team must prove that your doctor did not adhere to this standard and caused you to suffer quantifiable damage.

It can be difficult to prove that a physician's standards are comparable to another doctor's. This is why it's essential to select a law firm with access to expert witnesses who can testify about the medical field and what reasonable professionals in your doctor's situation would have done.

It's not only doctors who make medical errors; hospital staff members, like nurses and anesthesiologists may be guilty of malpractice. This is particularly true for emergency room staff, whose errors are usually due to the crazed atmosphere and overworked workers. Your lawyer may be able to get expert testimony from emergency room personnel who can show what could have been done differently and why your doctor was unable to meet the standards.

Discovery

During the discovery phase 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. These records can be requested by the opposing legal team. This is usually done through inquiries and requests for production of documents. Certain materials are considered to be privileged and confidential because of privacy laws, like HIPAA's Privacy Rule.

It is also necessary to prove that your injury was the result of a negligence of the doctor. This is the most difficult aspect of a medical negligence case as it requires an expert evidence to support your claim.

Your lawyer will also call witnesses who can prove that the doctor was negligent. This can include radiologists, dentists as well as nurses, assistants as well as other individuals who were involved in the care of your health. Your attorney will be skilled in preparing strong and persuasive depositions in order to convince these witnesses to admit that the doctor's negligence was a factor.

The majority of lawsuits are resolved or settled, before they get to the trial stage. This is particularly true in medical malpractice cases as the costs associated with a trial can be very expensive. Once the facts are established then you can negotiate an agreement with the insurance company of the doctor. If a settlement is not reached, your case may be heard in court.

Trial

Your lawyer will file a lawsuit after completing the initial investigation. If they conclude that you have a strong 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 step involves discovery. This includes depositions and exchange of witnesses. Your lawyer will make use of these evidences to prove your doctor's violation of the standard of care. The objective is to establish that the error resulted of the doctor's negligence and resulted in damages.

In addition to the witness's testimony Your medical malpractice lawyer will collaborate with two or three expert witnesses to back up your claim. These experts will receive medical records as well as detailed information about your case to prepare for their deposition and testify. They may also assist in preparing your case for trial.

As part of the trial preparation your attorney will begin negotiations for settlement with the defense. This process can last for many years. During this time period, you are recovering from your injuries and determining how much of your damages. It's in everyone's interest to settle the matter out of the court and avoid litigation as often as it is possible. Your lawyer will carefully consider the merits of any settlement with your current and potential recovery. If the settlement offers are reasonable your lawyer will advise you to accept it.

Damages

During the discovery phase, plaintiffs will have to prove that their losses are significant and that the negligence of the defendant has contributed to these losses. For instance, if the doctor failed to inform the patient that the procedure was a 30 percent risk of losing a limb. Moreover, if the procedure was completed perfectly but the patient lost their arm or limb, the doctor could be liable for malpractice lawyer.

A victim may also show that a competent lawyer could have averted or reduced the financial loss. This is commonly referred to as the "but for" test. It is also important to prove that the plaintiff has incurred costs in pursuing a successful legal claim, which are more than the amount sought in compensation.

Our medical malpractice lawyers are able to explain the various types of damages that can be sustained in a malpractice lawsuit including past, present and future medical expenses, lost income, suffering and other non-economic losses. The more serious the injury, the higher the amount of compensation. However, a decision that is successful can sometimes be overturned in appeal. Settlements outside of court could be beneficial to some clients. It can help save time and money on costs for malpractice lawyer litigation, as well being able to avoid the potential risk of having a jury judge a case on the basis of emotion instead of facts.