How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits can be very complicated. There are specific guidelines to follow, for example a deadline within which the lawsuit may be filed.

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

Complaint

Your attorney will make a court complaint and summons when he/she has found evidence of malpractice. The complaint will name the defendants and describe the allegations you have made against them.

The basis for malpractice claims is the idea that a doctor or nurse or any other healthcare provider owes a patient a minimum standard of care. This is the amount of skill and caution reasonable doctors who has similar training would apply in similar circumstances. Your legal team has to prove that your doctor violated this standard which resulted in injuries from which you suffered quantifiable damages.

It can be a challenge to prove that a doctor's standards are the same as another doctor's. It is important to hire an attorney who has access to experts in the medical field to provide evidence of what a reasonable professional would have done.

Not only doctors make mistakes, but so do hospital staff, such as nurses and anesthesiologists. This is particularly true of emergency room personnel, where errors are usually due to the crazed atmosphere and overworked staff. Your attorney may be in a position to secure an expert opinion from the emergency room personnel who can show what could have been done differently and how your doctor failed to meet the standards.

Discovery

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

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

Your lawyer will also depose witnesses that can prove that the doctor was negligent. This could include nurses, malpractice lawyers assistants radiologists, dentists, and others who were involved in your treatment. Your attorney will know how to conduct powerful and effective depositions so that these witnesses admit that the doctor's negligence was a factor.

The majority of lawsuits are settled before they reach trial. This is especially true for medical malpractice law firm cases, since the costs associated with trial can be high. After the facts of your case have been established, a settlement could be negotiated between you and the insurance company for the doctor. If a settlement isn't agreed upon, your case will be heard in court.

Trial

Once your attorney has completed the initial investigation and determines you have a strong malpractice lawyers case, they will file the complaint. This will clearly outline the allegations and will be given to the defendant along with a summons.

The next phase is discovery. The next phase is discovery. This includes depositions and exchange of witnesses. Your lawyer will use the evidence to prove that your doctor acted in violation of the standard of care. The goal is to establish that the error was caused by the negligence of your doctor, and resulted in damages.

In addition to the witness statement, your medical malpractice attorney will collaborate with two or three expert witnesses to prove your claim. These experts will receive medical records and all the details about your case to prepare for their testimony and deposition. They can also assist in preparing your case for trial.

Your lawyer will begin discussions on settlement with the defense as part of the trial preparation. This process can last for several years. During this period, you'll be recovering from your injuries and determining the extent and value of your damages. It's in everyone's best interest to settle out of the court and avoid litigation as often as feasible. Your lawyer will carefully consider the merits of any settlement with your current and potential recovery. If the settlement seems reasonable your lawyer will convince you to accept it.

Damages

During the discovery phase, plaintiffs have to prove that their losses are substantial and that the negligence of the defendant contributed to the damages. For instance, if a doctor failed to inform the patient that the procedure had a 30% chance of losing a limb. If the procedure was done correctly but the patient lost their arm, the medical professional may be liable for malpractice.

To be able to bring a valid legal action, the defendant must also prove that a competent lawyer could have been able stop their financial loss or at least minimize its size. This is sometimes referred to the "but for test". It is also important to show that the plaintiff incurred costs to pursue a legal claim, that is greater than the amount they seek in compensation.

Our medical malpractice lawyers can explain the various types of damages suffered in a malpractice lawsuit including past, present and foreseeable medical expenses and lost income, as well as suffering and other economic and non-economic losses. The greater the amount of money awarded the more serious the damage. A verdict that is successful could be overturned by an appeal. Settlements outside of court may be beneficial for a few clients. It could save money and time on litigation costs. It also avoids the risk of a juror choosing a case based on emotion instead of fact.