How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits can be a little complicated. There are specific guidelines to follow, such as a time limit within which the lawsuit may be filed.

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

Complaint

Your attorney will make a court complaint and summons if he or she has found evidence of malpractice. The complaint will name the defendants and describe the allegations against them.

malpractice law firm claims are founded upon the belief that nurses, doctors or other healthcare providers owe a patient the highest standard of care. This is the standard of competence and care reasonable doctors with similar training would use in similar situations. Your legal team must prove that your doctor did not adhere to this standard and resulted in you suffering quantifiable injury.

It can be difficult to prove that a physician's standards are the same as another doctor's. This is why it's important to hire a law firm that has access to expert witnesses who can give testimony on the medical field and what reasonable professionals in your doctor's situation would have done.

It's not just physicians who commit medical mistakes; hospital staff members, such as nurses and anesthesiologists, also can be liable for malpractice. This is especially true of emergency room staff, whose errors are usually due to a crowded environment and overworked employees. Your lawyer may be able to secure testimony from experts in the emergency department who can help demonstrate what could have been done and malpractice attorney why your doctor's actions did not meet this standard.

Discovery

During the discovery phase your lawyer will gather and examine evidence that may prove a malpractice claim. This includes medical documents, witness statements expert testimony and more. The other side's legal team will also have the opportunity to request these documents from you and your attorney. This is typically done via interrogatories and requests for the production of documents. However, certain documents may be confidential or protected because of privacy laws, such as HIPAA and its 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 part of a case involving medical negligence, as it requires expert testimony to back your claim.

Your lawyer will also call witnesses who can demonstrate the negligence of the doctor. This can include nurses, assistants radiologists, dentists, and others who were involved in your treatment. 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 not their fault.

The majority of lawsuits are settled before they reach trial. This is particularly common for medical malpractice cases, since the cost of a trial can be very expensive. After the facts of your case are established, a settlement could be negotiated between you and the insurance company of the doctor. If a settlement isn't possible the case will go to trial.

Trial

Your attorney will file a complaint after completing the initial investigation. If they determine that you have a convincing case of malpractice, then they will file the complaint. This will clearly outline the allegations and must be delivered to the defendant with the summons.

Discovery is the next stage. The next stage involves discovery. This involves the exchange and deposition of witnesses. Your lawyer will make use of these evidences to prove your doctor's breach of standard of care. The goal is to show that the error was caused by the negligence of the doctor, and resulted in damages.

In addition to the witness statement, your medical malpractice attorney will collaborate with a couple of experts to support your claim. These experts will be given medical records and all the details about your case to prepare for their deposition and testimony. They can also assist you in preparing your case for trial.

As part of the trial preparation the attorney will initiate settlement negotiations with the defense. The process can take many years. During this time period, you are recovering from your injuries and determining the magnitude of your injuries. If possible, it's in everyone’s best interest to avoid litigation and settle out of court. Your lawyer will carefully evaluate the merits of any settlement with your current and future recoveries. If the settlement seems reasonable, your lawyer will encourage you to accept it.

Damages

During the process of discovery the plaintiffs must prove that their losses were significant and that the negligence of the defendant caused those damages. For instance, if a doctor failed to inform the patient that the surgery was associated with a 30 percent chance of losing a limb. Moreover, if the procedure was carried out perfectly but the patient lost their arm or limb, the doctor could be held accountable for malpractice.

In order to have a legitimate malpractice suit, the plaintiff must also show that a competent attorney could have helped reduce their financial loss, or at least reduce its size. This is sometimes referred to 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 that is more than the amount sought in compensation.

Our medical malpractice lawyers can provide a detailed explanation of the various types of damages that may be suffered in a malpractice lawsuit including past, present and Malpractice attorney foreseeable medical expenses as well as lost income, suffering and pain and suffering, and other economic and non-economic losses. In general, the more serious the injury, the more the award. A verdict that is successful could be rescinded by appeal. So, settling out of court could be a good alternative for some clients. It can reduce time and cost in costs for litigation, as well as avoid the potential risk of having a jury decide cases on the basis of emotion rather than fact.