How to File a Medical Malpractice Lawsuit

Medical malpractice suits are complex. There are specific guidelines to be adhered to including a specified time period in which the suit can be filed.

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

Complaint

Your attorney will prepare a court-appointed complaint and summons after he has found evidence of misconduct. The complaint will identify the defendants, and then state the allegations you bring against them.

Malpractice claims are based upon the belief that nurses, doctors or other healthcare providers owe a patient the highest standard of care. This standard is defined as the level of care and skill that a reasonable medical professional with the same training could exercise in similar situations. Your legal team has to prove that your doctor did not adhere to this standard and caused you to suffer quantifiable damages.

It isn't easy to prove that a physician's standards are comparable to another doctor's. It is essential to find an attorney who has access to experts in the medical field to testify on what a competent professional would have done.

It's not only doctors who make mistakes in their medical practice; hospital staff members, such as nurses and anesthesiologists, also may be guilty of malpractice. This is especially applicable to emergency room staff where mistakes are due to a crowded environment and overworked employees. Your attorney might be able to secure testimony from experts in the emergency department who can help demonstrate the correct procedure and how your doctor's actions fell short of this standard.

Discovery

During the discovery stage your lawyer will collect and review evidence that may be used to support a malpractice claim. This includes medical records and witness statements, as well as expert testimony. The information may be requested by the opposing legal team. This can be done via interrogatories or requests for documents. Certain materials may be privileged and confidential due to privacy laws, such as HIPAA's Privacy Rule.

You must also prove that your injury is the result of the doctor's negligence. This is the most difficult part of a medical malpractice case because it requires an expert witness testimony that supports your claim.

Your lawyer will also depose witnesses who can prove that the doctor was negligent. This could include radiologists, dentists as well as nurses, assistants as well as other individuals who were involved in the care of your health. Your lawyer will be proficient in preparing strong and persuasive depositions that force these witnesses to admit that the doctor's negligence was not their fault.

Most lawsuits are settled prior to trial. In the case of medical malpractice this is particularly common because the cost of going to trial can be expensive. Once the facts are established then you can negotiate a settlement with the doctor's insurer. If no settlement can be reached, your case could be heard in court.

Trial

After your attorney has completed the initial investigation and concludes that you have an excellent malpractice case, they will file the complaint. This will clearly state the allegations and will be given to the defendant along with a summons.

The next step is discovery. The next phase involves discovery. This includes depositions and exchange of witnesses. Your lawyer will make use of the statements to prove that your doctor violated the standards of care. The objective is to prove that the error was caused by the negligence of the doctor, and caused damage.

Apart from the witness's statement Alongside the statement of the witness, your medical malpractice attorney will work with a couple of experts to support your claim. They will be provided with medical records as well as detailed information regarding your case, malpractice lawyers to prepare for their depositions and testimony. They can also assist you in preparing your case for trial.

Your lawyer will begin talks with the defense during the preparation for trial. This process can go on for many years. In this time, it is likely that you will be recovering from your injuries and determining the magnitude and value of your losses. It's in everyone's best interest to settle the matter out of court whenever it is possible. Your lawyer will carefully consider the merits of any settlement proposal with your current and potential recovery. If the settlement offers are reasonable, your lawyer will encourage you to accept it.

Damages

During the discovery process, plaintiffs must show that their losses were significant and that the negligence of the defendant was a factor in the damages. For example, if the doctor failed to inform the patient that the surgery had a 30% chance of losing a limb. Moreover, if the procedure was completed perfectly but the patient lost their arm or limb, the doctor could be held liable for malpractice.

In order to be able to file a valid legal action, the defendant must also show that a competent lawyer could have helped avoid financial loss or at the very least, reduce the amount. This is sometimes referred to the "but for test". It is also required to show that the plaintiff incurred costs in pursuing a successful legal claim, which is greater than the amount they seek in compensation.

Our medical malpractice lawyers are able to explain the different types of damages caused by a malpractice lawsuit including the past, present and future medical expenses as well as lost income, pain and suffering as well as other non-economic losses. The more money you are awarded the more serious the injury. A ruling that is deemed to be successful can be challenged by an appeal. Settlements outside of court may be advantageous for some clients. It could save money and time in court costs. It also reduces the possibility of a jury deciding a case based on emotions rather than facts.