How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits are a complex matter. There are certain guidelines to be followed with a specific time frame within which the suit may be filed.

In addition to proving negligence, the claimant must also prove that the actions of the doctor resulted in losses and malpractice lawyer injuries. This will require hospital and medical records.

Complaint

After your attorney's investigation has revealed evidence that a malpractice occurred, the attorney will file a lawsuit in court along with summons. The complaint will identify the defendants and state the allegations against them.

malpractice lawyer claims are founded upon the belief that nurses, doctors or other healthcare professionals owe patients a certain standard of care. This is the level of skill and caution an appropriately prudent doctor who has similar training would apply in similar situations. Your legal team needs to show that your doctor violated this standard that resulted in injuries due to which you suffered quantifiable damages.

A physician's standard of care is often an issue of opinion, and is often difficult to prove. It is important to hire an attorney who has access to experts in the medical field to testify about what a reasonable doctor would have done.

It is not just physicians who make mistakes in their medical practice; hospital personnel, including nurses and anesthesiologists, also can commit malpractice. This is particularly the case for emergency room personnel where mistakes are frequently due to a crowded atmosphere and overworked workers. Your attorney may be in a position to secure expert testimony from emergency room staff who can provide evidence of what should have happened and the reason why your doctor failed to meet the standards.

Discovery

During the discovery phase your lawyer will collect and review evidence that may support a malpractice case. This includes medical records, witness statements as in addition to expert testimony. The information may also be requested by the legal team opposing the case. This is done by interrogatories or requests for documents. Certain materials could be protected and private due to privacy laws, such as HIPAA's Privacy Rule.

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

Your lawyer will also interview witnesses who can prove that the doctor was negligent. This can include assistants, nurses, radiologists, dentists and other personnel who were involved in your treatment. Your attorney will know how to take effective and powerful depositions to make these witnesses accept that the doctor was negligent.

Most lawsuits are settled before going to trial. This is especially true in medical malpractice cases because the costs of a trial can be extremely expensive. Once the facts are established then you can negotiate an agreement with the insurer of the doctor. If a settlement cannot be reached, your case will then proceed to trial.

Trial

When your lawyer has completed the initial investigation and determines you have a strong malpractice case, they will file the complaint. This will clearly state your allegations and be served to the defendant along with a summons.

The next stage is discovery. The next step involves discovery. This includes depositions and exchange of witnesses. Your lawyer will use these statements to establish your doctor's breach of the standard of care. The objective is to establish that the error resulted of negligence by the doctor and caused damages.

In addition to the witness's testimony Your medical malpractice lawyer will also work with one or two expert witnesses to support your claim. These experts will be given medical records and detailed information about your case to prepare for their deposition and testimony. They can also assist in making your case ready for trial.

As part of the preparation for trial your lawyer will start negotiations for settlement with the defense. The process continues throughout the trial, and can sometimes last for many years. During this period, you'll be recovering from your injuries and determining the amount and value of your damages. When you can, it's in everyone's best interest to avoid litigation and settle out of court. Your lawyer will carefully consider the merits of a settlement 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 significant and that the negligence of the defendant caused those damages. If, for instance, the doctor failed to inform the patient of the 30 percent risk that the procedure would result in the loss of limb, and the surgery was perfect but the patient lost an arm or limb, the doctor could be held liable for malpractice.

A victim can also prove that a skilled lawyer could have prevented or reduced their financial loss. This is sometimes 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 which are more than the amount demanded as compensation.

Our medical malpractice law firm lawyers can explain the various forms of damages sustained in a malpractice lawsuit including the past, present and future medical expenses as well as lost income, pain and suffering as well as other non-economic losses. In general, the more severe the injury, higher the amount of compensation. However, a successful verdict may be rescinded in appeal. So, settling out of court could be an advantageous alternative for some clients. It will reduce time and cost in litigation costs, aswell being able to avoid the potential risk of having a jury decide a case on the basis of emotions rather than fact.