How to File a Medical Malpractice Lawsuit

Medical malpractice suits are complicated. There are certain guidelines to be followed including a certain time period within which the suit may be filed.

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

Complaint

Your lawyer will file a court complaint and summons if he or she has found evidence of malpractice. The complaint identifies the defendants in your case and clearly states the allegations you're making against them.

Malpractice claims are based on the idea that doctors, nurses or other healthcare professionals owe patients a certain standard of care. This is defined as the level of care and skill that a reasonable medical professional who has similar training would exercise in similar circumstances. Your legal team has to prove that your doctor did not adhere to this standard and resulted in you suffering quantifiable damage.

It can be difficult to prove that a physician's standard is the same as another doctor's. It is important to hire an attorney who has access to experts in the field of medicine to provide proof of what a professional of reasonable standards would have done.

Not only doctors make mistakes, but also hospital personnel, such as nurses and anesthesiologists. This is especially the case for emergency room personnel where mistakes are frequently due to a crowded atmosphere and overworked workers. Your attorney may be able to get testimony from experts in the emergency department who can provide evidence of the proper procedure and why your doctor's actions did not meet the standards.

Discovery

During the discovery process during the discovery phase, your attorney will collect and look over evidence that could be used to support a malpractice claim. This includes medical records, witness statements as in addition to expert testimony. The legal team of the other side can also have the chance to request this information from you and your attorney. This is done through 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 that your injury is the result of the negligence of your doctor. This is the most difficult element of a medical malpractice case because it requires an expert evidence to support your claim.

Your lawyer will also interview witnesses who can prove that the doctor was negligent. This could include radiologists, dentists, nurses, assistants and malpractice attorney other personnel who were involved in the care of your health. Your lawyer is skilled in taking effective and convincing depositions in order to convince these witnesses to admit that the doctor's negligence was not their fault.

The majority of lawsuits are resolved or settled, prior to reaching the trial stage. This is especially true in medical malpractice cases since the costs associated with a trial can be very expensive. Once the facts are established and you have a chance to negotiate a settlement with the insurance company of the doctor. If a settlement is not agreed upon, your case will be heard in court.

Trial

After your attorney completes the initial investigation and decides you have a solid malpractice case, they will file the complaint. It will state clearly your claims and will be served on the defendant, along with a summons.

Discovery is the next stage. This includes the exchange of medical records and depositions from witnesses. Your lawyer will use these documents to prove the doctor's breach of standard of care. The goal is to establish 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 also work with a couple of expert witnesses to back up your claim. They will be provided with medical records and specific information about your case to prepare for their testimony and deposition. They may also help prepare your case for trial.

Your lawyer will begin talks with the defense as part of the trial preparation. This process can last for many years. In this time, you will be recovering from your injuries while determining the amount and value of your damages. It's in everyone's interest to settle your case outside of the court and avoid litigation as often as it is possible. Your lawyer will carefully consider the merits of any settlement proposal with your current and future recovery. If the settlement is reasonable the lawyer will advise you to accept it.

Damages

During the discovery phase, plaintiffs will need to prove that their losses are significant and that the negligence of the defendant contributed to these damages. For instance, if the doctor did not inform the patient of the 30 percent risk that the procedure would result in the loss of a leg, and the surgery was perfect, but the patient lost a limb and malpractice attorney limb, then the medical professional could be held liable for malpractice.

A victim can also prove that a competent lawyer could have prevented or minimized the financial loss. This is sometimes referred to the "but for test". It is also necessary to demonstrate that the plaintiff incurred costs in pursuit of a successful legal claim that is over the amount of compensation sought.

Our medical malpractice lawyers can explain the various forms of damages sustained in a malpractice lawsuit including past, present and foreseeable medical expenses as well as lost income, pain and suffering and other non-economic losses. In general, the more serious the injury, the more the amount of compensation. However, a ruling that is successful may be rescinded on appeal. So, settling out of court could be a viable alternative for some clients. It can save money as well as time in court costs. It also avoids the risk of a jury choosing a case based on emotion instead of fact.