How to File a Medical Malpractice Lawsuit

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

The claimant also has to prove that the actions of the doctor caused injuries and losses. This will require hospital and medical documents.

Complaint

After your attorney's investigation has found evidence that fraud has occurred, he or she will file a lawsuit in court and issue summons. The complaint will name the defendants and describe the allegations against them.

The basis for malpractice claims is the belief that a physician or nurse or other healthcare provider owes a patient a minimum standard of care. This is defined as the amount of care and skill that a reasonable medical professional trained similarly would exhibit in similar situations. Your legal team has to prove that your doctor malpractice did not adhere to this standard and resulted in you suffering quantifiable harm.

It can be a challenge to prove that a doctor's standards are the same as another doctor's. This is why it is important to work with a legal firm with access to experts who can provide testimony about the medical field and what reasonable professionals in the same situation as your doctor would have done.

It's not only doctors who commit medical mistakes; hospital staff members, like nurses and anesthesiologists, also are susceptible to making mistakes. This is particularly true for emergency room staff, as mistakes are frequently made due to a chaotic environment and overworked workers. Your attorney may be able to secure expert testimony from emergency room personnel who can show the circumstances that led to the incident and why your doctor was unable to fulfill this standard.

Discovery

During the discovery process, your attorney will collect and analyze evidence that could support a malpractice case. This includes medical documents, witness statements expert testimony, and more. The legal team of the other side will also have the opportunity to request the information from you and your attorney. This can be done via interrogatories or requests for documents. Certain materials could be protected and confidential due to privacy laws, such as HIPAA's Privacy Rule.

It is also necessary to prove that your injury was caused by the doctor's negligence. This is the most difficult aspect of a medical malpractice case since it requires expert witness testimony that supports your claim.

Your lawyer will also interview witnesses who can prove the doctor was negligent. This could include radiologists dentists nurses, assistants, nurses and other people who were involved in the treatment of your health. Your attorney will know how to take effective and strong depositions to ensure that witnesses to admitting that the doctor was negligent.

The majority of lawsuits are settled before they go to trial. This is especially true for medical malpractice lawyers cases, since the cost of a trial can be extremely high. Once the facts are established then you can negotiate an agreement with the insurance company of the doctor. If a settlement isn't possible the case will proceed to trial.

Trial

Your attorney will file a lawsuit after conducting the initial investigation. If they find that you have a solid case of malpractice, then they will file it. This will clearly state your allegations and must be served to the defendant with a summons.

The next stage is discovery. The next stage involves discovery. This includes the exchange and deposition of witnesses. Your lawyer will make use of these statements to prove your doctor's violation of the standard of care. The aim is to demonstrate that the error was caused by the doctor's negligence, and caused damages.

Your medical malpractice lawyer will also work with one or more expert witnesses in support of your claim. These experts will be given medical records and detailed information about your case to prepare for their testimony and deposition. They can also assist in preparing your case for trial.

Your lawyer will initiate negotiations with the defense as part of the trial preparation. The process continues throughout the trial, and can sometimes last for several years. During this period, you will be recovering from your injuries while determining the magnitude and value of your injuries. When you can, it's beneficial for everyone to avoid litigation and settle outside of court. Your attorney will carefully weigh the merits of a settlement against your current and long-term recovery. If the settlement is fair the lawyer will advise you to accept it.

Damages

During the discovery process plaintiffs must demonstrate that their losses were substantial and that the negligence of the defendant was a factor in those damages. For instance, if the doctor did not inform the patient that a surgery had a 30% chance of losing a limb. Moreover, if the procedure was completed perfectly but the patient lost their arm, the medical professional may be held accountable for malpractice.

A victim can also prove that a competent lawyer could have prevented or minimized their financial loss. This is often referred to as the "but for test". Additionally, it is important to show that the plaintiff incurred costs in pursuit of a successful legal claim that is in excess of the amount sought for compensation.

Our medical malpractice lawyers are able to explain the different types of damages that could be awarded in a malpractice case which include past, present and future medical expenses, as in addition to loss of income, pain and discomfort, and other non-economic losses. The more serious the injury, the more the award. However, a decision that is successful could be reversed when appealed. Therefore, settling the case outside of court may be a viable option for some clients. It can save money and time on court costs. It also avoids the risk of a jury deciding a case based on emotions rather than facts.