How to File a Medical Malpractice Lawsuit

Medical malpractice suits are complex. There are specific guidelines to follow, including a time limit within which the lawsuit can be filed.

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

Complaint

If your attorney's probe has discovered evidence of malpractice has occurred, he or she will file a lawsuit in court and issue summons. The complaint will identify the defendants and make the allegations you make against them.

Malpractice claims are based on the premise that nurses, doctors and other healthcare providers owe a patient the highest standard of care. This is the amount of competence and prudence that a reasonably prudent doctor who has similar training would apply in similar circumstances. Your legal team will have to show that your doctor violated this standard and caused injuries to which you sustained damages quantifiable.

The standard of care a physician provides is often an issue of opinion and can be difficult to prove. It is essential to find an attorney who has access to experts in the field of medicine to provide evidence of what a professional of reasonable standards would have done.

It's not just doctors who make mistakes, but so can hospital staff, such as nurses and anesthesiologists. This is particularly true of emergency room staff, Malpractice Lawyers as mistakes are frequently made due to the crazed atmosphere and overworked staff. Your lawyer may be able obtain evidence from experts in the emergency department who can explain what should have been done and how your doctor's actions did not meet this standard.

Discovery

During the discovery stage, your attorney will collect and examine evidence that could support a malpractice case. This includes medical records and witness statements, as well as expert testimony. The information may be requested by the legal team opposing the case. This is accomplished through interrogatories or requests for documents. Certain materials could be protected and private due to privacy laws, like HIPAA's Privacy Rule.

You must also prove that your injury was caused by the doctor's negligence. This is the most challenging aspect of a medical malpractice case because it requires an expert witness testimony that supports your claim.

Your lawyer will also interview witnesses to prove that the doctor was negligent. This can include assistants, nurses radiologists, dentists, and others who were involved in your treatment. Your attorney will be skilled in preparing powerful and effective depositions that force these witnesses to admit that the doctor was negligent.

Most lawsuits are settled before they go to trial. This is especially true in medical malpractice cases because the costs of a trial can be extremely high. Once the facts of your case are established, a settlement could be negotiated between you and the insurance company for the doctor. If a settlement isn't feasible the case will go to trial.

Trial

Your attorney will file a complaint after having completed the initial investigation. If they determine that you have a compelling case for malpractice, then they will file it. This will clearly outline the allegations and will be given to the defendant with a summons.

Discovery is the next step. The next phase is discovery. This involves the exchange and deposition of witnesses. The lawyer will use the evidence to prove that your doctor did not follow the standard of care. The goal is to prove that the error was the result from the negligence of the doctor that caused damages.

Your medical malpractice lawyer will also collaborate with one or more expert witnesses to back your claim. These experts will be provided medical records as well as detailed information about your case to prepare for their deposition and testimony. They may also assist in making your case ready for trial.

Your attorney will start discussions on settlement with the defense during the preparation for trial. The process continues throughout the trial and may last for years. During this time, you are recovering from your injuries and determining the extent of your damages. If possible, it's beneficial for everyone to avoid litigation and settle out of court. Your attorney will carefully compare the merits of any settlement with your current and potential recovery. If the settlement offer seems reasonable and fair, then your attorney will convince you to accept it.

Damages

During the discovery process, plaintiffs must show that their losses were substantial and that the negligence of the defendant was a factor in the damages. If, for example, the doctor failed to inform the patient of the 30% chance that the procedure could result in the loss of a arm, and the operation was successful, but the patient lost a limb, then the medical professional could be held responsible for negligence.

In order to be able to file a valid malpractice lawsuit, the person who is suing must also show that a competent lawyer could have been able avoid financial loss or at a minimum, lessen the size. It is sometimes referred to the "but for test". It is also required to prove that the plaintiff was liable for costs to pursue a successful legal claim that is greater than the amount sought as compensation.

Our medical malpractice lawyers are able to explain the various types of damages that can be attained in a malpractice case including the past, present and future medical expenses, lost income, pain and suffering and other non-economic losses. The higher the amount, the more serious injury. A ruling that is deemed to be successful can be overturned through an appeal. So, settling outside of court could be a viable option for certain clients. It can save money as well as time in court costs. It also eliminates the risk of a jury deciding a case based on emotion instead of fact.