How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits can be a bit complicated. There are certain guidelines to be adhered to with a specific time frame in which the suit can be filed.

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

Complaint

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

Malpractice claims are based on the idea that nurses, doctors or other healthcare providers owe a patient the highest standard of care. This standard is defined as the amount of skill and caution that a reasonable medical professional with the same training could exercise in similar situations. Your legal team needs to prove that your doctor violated this standard, resulting in injuries from which you have suffered damages that are quantifiable.

It can be challenging to prove that a doctor's standard is the same as another doctor's. This is why it's important to work with a legal firm with access to expert witnesses who can give testimony on the medical field and what a reasonable professional in your situation would have done.

It's not just physicians who make mistakes in their medical practice; hospital staff members, such as nurses and anesthesiologists are susceptible to making mistakes. This is especially true of emergency room staff, as errors are usually due to the crazed atmosphere and overworked workers. Your attorney may be able obtain evidence from experts in the emergency department that can assist in proving the correct procedure and how the actions of your doctor did not meet this standard.

Discovery

In the discovery phase during the discovery phase, your lawyer will gather and review evidence that could prove a malpractice case. This includes medical documents, witness statements expert testimony and more. The legal team of the other side may also be able to request this information from you and your attorney. This is done through interrogatories or requests for documents. However, malpractice lawsuit certain documents may be classified as confidential or privy due to privacy laws like HIPAA and its Privacy Rule.

You must also prove your injury is the result of the negligence of the doctor. This is the most difficult part of a medical malpractice case since it requires expert testimony to support your claim.

Your lawyer will also call witnesses who can prove the negligence of the doctor. This could include radiologists dentists nurses, assistants, as well as other individuals who were involved in the treatment of your health. Your lawyer will be adept at taking strong and effective depositions that force these witnesses to admit that the doctor was negligent.

Most lawsuits are settled, or settled, prior to reaching the trial stage. This is particularly true in medical malpractice cases since the costs associated with a trial can be very high. 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 could proceed to trial.

Trial

Your attorney will file a formal complaint after having completed the initial investigation. If they conclude that you have a solid case of malpractice, they will file the complaint. This will clearly state your allegations and be served to the defendant with a summons.

Discovery is the next step. This involves the exchange of medical records and depositions of witnesses. Your lawyer will use these documents to prove the doctor's breach of standard of care. The goal is to prove that the error resulted of the doctor's negligence and resulted in damages.

Your medical malpractice attorney will also work with one or more expert witnesses in support of your claim. These experts will receive medical records and detailed information about your case to prepare for their deposition and testimony. They may also assist in making your case ready for trial.

Your lawyer will begin discussions on settlement with the defense as part of the trial preparation. The process continues throughout the trial and can sometimes last for years. During this time, it is important that you are recovering from your injuries and determining the severity of your injuries. When possible, it's in everyone's best interest to avoid litigation and settle outside of court. Your lawyer will carefully consider the merits of a settlement offer against your present and long-term recovery. If the settlement is fair your lawyer will advise you to accept it.

Damages

During the discovery process the plaintiffs must prove that their losses were substantial and that the negligence of the defendant was a factor in the damages. For instance, if the doctor did not inform the patient of the 30 percent risk that the procedure would result in the loss of leg, and the surgery was successful, but the patient lost an arm or limb, the doctor could be held liable for malpractice.

A victim may also show that a competent lawyer could have averted or reduced the financial loss. It is sometimes referred to the "but for test". It is also necessary to show that the plaintiff incurred costs in the pursuit of a successful legal claim, that is greater than the amount they seek in compensation.

Our medical malpractice lawyers can explain the different types of damages caused by a malpractice lawsuit including the past, present and future medical expenses loss of income, suffering as well as other non-economic losses. The greater the amount of money awarded the more serious the damage. A ruling that is deemed to be successful can be overturned through an appeal. So, settling out of court could be an advantageous option for some clients. It could save money and time in litigation fees. It also eliminates the possibility of a jury making a decision based on emotion instead of fact.