How to File a Medical Malpractice Lawsuit

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

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

Complaint

Your lawyer will submit a court complaint as well as summons if he or she has found evidence of misconduct. The complaint will identify the defendants and state the allegations you make against them.

The basis for malpractice claims is the belief that a physician or healthcare professional owes a patient a minimum standard of care. This is defined as the degree of expertise and prudence that a reasonable medical professional with the same training would exhibit in similar situations. Your legal team must show that your doctor did not adhere to this standard and caused you to suffer damage.

It can be a challenge to prove that a doctor's standards are the same as another doctor's. It is crucial to choose an attorney who has access to experts in the medical field to testify on what a reasonable doctor would have done.

It's not just physicians who commit medical mistakes; hospital personnel, including nurses and anesthesiologists can be liable for malpractice. This is especially true for emergency room staff where mistakes are often caused by a busy environment and overworked employees. Your attorney might be able to obtain testimony from experts in the emergency room that can assist in proving the correct procedure and why your doctor's actions fell short of this standard.

Discovery

During the discovery process the attorney will collect and examine evidence that may support a malpractice claim. This includes medical documents, witness statements expert testimony, and more. The legal team of the other side will also have the option to request this information from you and your attorney. This is done by interrogatories or requests for documents. However, certain materials may be classified as confidential or privileged due to privacy laws, such as HIPAA and its Privacy Rule.

You must also prove your injury was caused by the negligent doctor. This is the most difficult part of a medical malpractice claim because it requires expert witness testimony that proves your claim.

Your lawyer will also call any witnesses that can prove the doctor's negligence. This could include nurses, malpractice lawyers assistants radiologists, dentists, and others who were involved in your treatment. Your lawyer will be adept in preparing strong and persuasive depositions in order to convince these witnesses to admit that the doctor was negligent.

The majority of lawsuits are resolved or settled, before they get to the trial stage. This is especially true in medical malpractice cases since the costs involved in the trial process can be expensive. Once the facts of your case have been established, a settlement may be reached between you and the insurance company of the doctor. If a settlement isn't possible your case will go to trial.

Trial

Your lawyer will file a complaint following conducting the initial investigation. If they conclude that you have a compelling case for malpractice, they will file it. It will state clearly your allegations and be served to the defendant along with a summons.

Discovery is the next step. This involves the exchange of medical records and depositions from witnesses. Your lawyer will use these documents to prove your doctor's breach of standard of care. The objective is to establish that the error was the result of negligence on the part of the doctor and caused damages.

Your medical malpractice attorney will also collaborate with one or more expert witnesses to support your claim. They will be provided with medical records and specific information about your case to prepare for their deposition and testify. They can also assist in preparing your case for trial.

Your lawyer will begin settlement discussions with the defense during the trial preparation. This process can last for several years. In this time, you are recovering from your injuries and determining the severity of your injuries. It's in everyone's interest to settle outside of court whenever possible. Your lawyer will carefully consider the merits of any settlement offer against your current and future recoveries. If the settlement offer is reasonable the lawyer will be able to convince you to accept it.

Damages

During the process of discovery plaintiffs must demonstrate that their losses were substantial and that the negligence of the defendant contributed to the damages. For example, if the doctor failed to inform the patient of the 30 percent possibility that the procedure might result in the loss of a leg, and the surgery was flawless, but the patient lost an arm or limb, the doctor could be held liable for malpractice law firms.

A victim may also demonstrate that a skilled lawyer could have prevented or minimized the financial loss. This is often referred to as the "but for" test. In addition, it is required to prove that the plaintiff has incurred expenses in pursuit of a successful legal claim that is greater than the amount of compensation sought.

Our medical malpractice lawyers are able to provide a detailed explanation of the various types of damages that can be suffered in a malpractice lawsuit including future, present and past medical expenses, lost income, suffering and pain and suffering, as well as other non-economic losses. The higher the amount the more serious the injury. However, a verdict that is deemed to be a success may be rescinded in appeal. Therefore, settling the case outside of court could be a viable option for a few clients. It will save time and money on court costs, as well being able to avoid the potential risk of having a jury decide a case on the basis of emotions rather than fact.