How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits can be very complicated. There are certain guidelines to follow, such as the time frame within which the lawsuit can be filed.

The claimant must also demonstrate that the doctor's actions resulted in injuries and losses. This will require medical and hospital records.

Complaint

Your attorney will make a court complaint and summons once he or she has discovered evidence of malpractice. The complaint identifies the defendants in your case and outlines the allegations you are making against them.

Malpractice claims are based on the notion that a doctor or nurse or other healthcare provider owes the patient a standard of care. This standard is the level of expertise and prudence reasonable doctors with similar training would employ in similar situations. Your legal team must demonstrate that your doctor did not adhere to this standard and caused you to suffer quantifiable injury.

The standard of care a physician provides is usually a matter of opinion and is often difficult to prove. It is important to hire an attorney who has access to experts in the field of medicine to provide proof of what a reasonable professional would have done.

Not only doctors can make mistakes, but also hospital personnel, like anesthesiologists and nurses. This is particularly applicable to emergency room staff where mistakes are usually caused by a busy environment and overworked employees. Your lawyer may be able to get testimony from experts in the emergency room who can help demonstrate what could have been done and how your doctor's actions did not meet this standard.

Discovery

During the discovery process your lawyer will gather and examine evidence that may provide evidence to support a claim for malpractice. This includes medical documents, witness statements expert testimony and more. These records can be requested by the legal team opposing the case. This is usually done through interrogatories as well as requests for production of documents. Certain materials could be protected and private due to privacy laws, like HIPAA's Privacy Rule.

You must also prove your injury was caused by the medical professional's negligence. This is the most difficult element of a medical negligence claim, as it requires expert evidence to support your claim.

Your lawyer will also interview witnesses that can prove that the doctor was negligent. This could include radiologists dentists nurses, assistants, and others who were involved in the care of your health. Your lawyer will know how to take effective and strong depositions so that these witnesses admit that the doctor's negligence was a factor.

The majority of lawsuits are settled before going to trial. In the case of medical malpractice this is particularly common because the cost of going to trial can be quite expensive. Once the facts are established, you can negotiate an agreement with the doctor's insurer. If a settlement isn't attainable, your case will then proceed to trial.

Trial

Your attorney will file a complaint after having completed the initial investigation. If they find that you have a convincing case for malpractice, they will file the complaint. The complaint will be clear in its claims and will be served on the defendant along with a summons.

The next stage is discovery. The next phase involves discovery. This includes depositions and exchange of witnesses. Your lawyer will make use of these evidences to prove the doctor's breach of standard of care. The aim is to prove that the error was a result of the doctor's negligence and resulted in damages.

Your medical malpractice lawyer will also work with one or more expert witnesses in support of your claim. These experts will receive medical records and detailed information regarding your case in order to prepare for their deposition and testimony. They may also help prepare your case for trial.

Your lawyer will initiate discussions on settlement with the defense as part of the trial preparation. The process can take several years. During this time, you are recovering from your injuries and determining the magnitude of your damages. It's in everyone's best interest to settle outside of the court and avoid litigation as often as it is possible. Your lawyer will carefully evaluate the merits of any settlement with your current and potential recovery. If the settlement offer 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 failed to inform the patient that the surgery was associated with a 30 percent chance of losing a limb and the surgery was performed perfectly but the patient lost their arm and the medical professional could be held liable for malpractice.

A victim can also prove that a competent lawyer could have prevented or reduced their financial loss. This is sometimes called the "but for test". It is also essential to prove that the plaintiff has paid for expenses in the pursuit of a successful legal claim, that is greater than the amount sought in compensation.

Our medical malpractice lawyers are able to provide a detailed explanation of the various types of damages that may be suffered in a malpractice attorney lawsuit including the past, present and future medical expenses as well as lost income, malpractice pain and malpractice suffering and other non-economic losses. The more money you are awarded, the more serious injury. However, a ruling that is successful is sometimes overturned in appeal. Settlements that are not in court may be advantageous 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 based on the basis of emotion rather than fact.