How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits can be a bit complicated. There are certain guidelines to follow, such as a deadline within which a lawsuit can be filed.

The plaintiff must also prove that the actions of the doctor caused injuries and losses. This will require hospital and medical documents.

Complaint

Your attorney will submit a court complaint as well as summons after he has discovered evidence of malpractice. The complaint identifies the defendants in the case and outlines the allegations you're making against them.

Malpractice claims are founded upon the belief that nurses, doctors, or other healthcare providers are obligated to a patient an appropriate level of care. This is defined as the amount of competence and care that a reasonable medical professional with similar training would apply in similar circumstances. Your legal team needs to prove that your doctor breached this standard and caused injuries to which you have suffered damages that are quantifiable.

It isn't easy to prove that a doctor's standard is the same as another doctor's. It is crucial to employ an attorney who has access to experts in the field of medicine to testify on what a professional of reasonable standards would have done.

It is not just physicians who make medical errors; hospital personnel, including nurses and anesthesiologists, also may be guilty of malpractice. This is especially applicable to emergency room staff where mistakes are often caused by a hectic environment and overworked employees. Your lawyer may be able to secure an expert opinion from the emergency room staff who can provide evidence of the circumstances that led to the incident and the reason why your doctor failed to meet the standard.

Discovery

During the discovery phase, your attorney will gather and look over evidence that could be used to support a malpractice claim. This includes medical records, witness statements, as well as expert testimony. The legal team of the other side may also be able to request these documents from you and malpractice lawsuits your attorney. This is typically done via interrogatories and requests for production of documents. However, certain materials could be privileged or confidential due to privacy laws like 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 malpractice case as it requires expert witness testimony that supports your claim.

Your lawyer will also depose witnesses who can prove that the doctor was negligent. This can include nurses, assistants, radiologists, dentists and others who were involved in your treatment. Your lawyer will be proficient in preparing strong and persuasive depositions to get these witnesses to admit that the doctor was negligent.

The majority of lawsuits are settled prior to trial. This is particularly common in medical malpractice cases as the cost of the trial process can be high. After the facts of your case have been established, a settlement may be agreed upon between you and the insurance company for the doctor. If a settlement isn't attainable your case will proceed to trial.

Trial

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

The next phase involves discovery. The next phase involves discovery. This includes the exchange and deposition of witnesses. Your lawyer will use the statements to prove that your doctor did not follow the standard of care. The goal is to show that the error was the result of the negligence of your doctor, and caused damages.

Your medical malpractice attorney will also work with one or more expert witnesses to support your claim. These experts will receive medical records and details regarding your case, to prepare for their depositions and testimonies. They can also assist in preparing your case for trial.

Your attorney will start negotiations with the defense team as part of the preparation for trial. This process is ongoing throughout the trial and can last for years. During this time, it is important that you are recovering from your injuries and determining the magnitude of your damages. When you can, it's in everyone's best interest to avoid litigation and settle outside of court. Your lawyer will carefully evaluate the merits of any settlement offer against your current and future recovery. If the settlement seems reasonable your lawyer will advise you to accept it.

Damages

During the discovery phase, plaintiffs will need to show that their losses are substantial and that negligence on the part of the defendant has contributed to these damages. If, for example, the doctor did not inform the patient of the 30% likelihood that the procedure will result in the loss of a arm, and the operation was successful, but the patient lost a limb, then the medical professional may be held accountable for malpractice.

In order to be able to file a valid legal action, the defendant must also prove that a competent lawyer could have been able to stop their financial loss or at least minimize the size. It is sometimes referred to the "but for test". In addition, it is necessary to demonstrate that the plaintiff's expenses in pursuit of a successful legal claim that are in excess of the amount of compensation sought.

Our medical malpractice lawyers are able to explain the different types of damages that could be awarded in a case of malpractice that include past, current and future medical expenses as along with loss of income and pain and discomfort and other economic or non-economic loss. The greater the amount of money awarded, the more serious injury. A successful verdict may be overturned by an appeal. Therefore, settling out of court could be an advantageous option for certain clients. It will save money and time on court costs. It also avoids the risk of a jury making a decision based on emotion rather than fact.