How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits are a complex matter. There are certain guidelines to follow, for example the time frame within which a lawsuit can be filed.

The plaintiff 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 found evidence that fraud has occurred, he or she will file a formal complaint in court along with a summons. The complaint will identify the defendants, and then state the allegations you have made against them.

Malpractice claims are based on the belief that a physician or nurse or any other healthcare professional owes a patient a standard of care. This is defined as the level of care and skill that a reasonable medical professional trained similarly would apply in similar circumstances. Your legal team must show that your doctor did not adhere to this standard and caused you to suffer damages.

It can be a challenge to prove that a doctor's standard is the same as another doctor's. This is why it is crucial to choose a law firm with access to experts who can provide testimony about the medical field and what reasonable medical professionals in your doctor's position would have done.

It is not just physicians who commit medical mistakes; hospital personnel, including nurses and anesthesiologists, also can be liable for malpractice. This is particularly the case for emergency room personnel where mistakes are frequently due to a crowded atmosphere and overworked workers. Your lawyer may be able obtain evidence from experts in the emergency room that can assist in proving the correct procedure and how the actions of your doctor were not up to the standard.

Discovery

During the discovery process your lawyer will gather and examine evidence that may prove a malpractice claim. This includes medical records, witness statements expert testimony and more. The legal team representing the other side can also have the chance to obtain this information from you and your attorney. This is done by interrogatories or requests for documents. Certain documents could be classified as confidential or privileged due to privacy laws such as HIPAA and its Privacy Rule.

You must also prove that your injury was the result of a medical professional's negligence. This is the most difficult part of a medical malpractice case since it requires expert witness testimony that proves your claim.

Your lawyer will also call any witnesses that can prove the negligence of the doctor. This could include nurses, assistants radiologists, dentists, and other personnel who were involved in your treatment. Your lawyer will be adept at taking strong and effective depositions that force these witnesses to admit that the doctor was negligent.

Most lawsuits are settled, or settled, before they get to the trial stage. In cases involving medical malpractice this is particularly common as the costs of going to trial can be expensive. After the facts of your case are established, a settlement may be reached between you and the insurance company for the doctor. If a settlement cannot be agreed upon, your case will go to trial.

Trial

After your attorney completes the initial investigation and decides you have a solid malpractice case, they will file the complaint. The complaint will be clear in its allegations and be served to the defendant with a summons.

Discovery is the next step. The next phase is discovery. This includes the exchange and deposition of witnesses. Your lawyer will make use of these evidences to prove your doctor's breach of standard of care. The goal is to establish that the error was caused by the negligence of the doctor and caused damages.

In addition to the witness's testimony Your medical malpractice lawyer will work with two or three experts to support your claim. They will be provided with medical records and detailed information regarding your case in order to prepare for their deposition and testimony. They may also assist in preparing your case for trial.

Your lawyer will begin negotiations with the defense during the preparation for trial. This process could last for several years. During this period, you will be recovering from your injuries and determining the amount and value of your damages. It's in everyone's interest to settle your case outside of the courtroom and avoid litigation whenever possible. Your attorney will carefully compare the merits of any settlement offer against your current and future recovery. If the settlement offers are reasonable your lawyer will convince you to accept it.

Damages

During the process of discovery, plaintiffs must show that their losses were significant and that the negligence of the defendant contributed to those damages. For instance, if a doctor did not inform the patient that a surgical procedure was a 30 percent risk of losing a limb and the surgery was performed perfectly but the patient lost their arm in the process, the medical professional could be held liable for malpractice.

To have a viable legal action, the defendant must also show that a competent lawyer could have been able prevent their financial loss or at a minimum, lessen the amount. It is sometimes referred to the "but for test". It is also necessary to show that the plaintiff has incurred expenses in pursuing a successful legal claim, which are higher than the amount demanded in compensation.

Our medical malpractice attorneys can explain the various types of damages that could be granted in a pinehurst malpractice lawsuit case, including past, current and future medical expenses, as also loss of income, pain and discomfort, and other non-economic loss. Generally, the more serious the injury, the higher the amount of compensation. A ruling that is deemed to be successful can be rescinded by appeal. Therefore, settling the case outside of court could be a beneficial option for some clients. It will save money and time in court costs. It also avoids the risk of a jury deciding a case based on emotion rather than fact.