How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits can be a bit complicated. There are certain guidelines that must be met with a specific time frame in which the suit can be filed.

In addition to proving negligence, the person seeking compensation must also prove that the doctor's actions caused injuries and losses. This will require hospital and medical records.

Complaint

If your attorney's probe has discovered evidence of malpractice was committed, he will file a complaint in court along with summons. The complaint identifies the defendants in the case and outlines the allegations you're making against them.

Malpractice claims are founded on the idea that nurses, doctors and other healthcare professionals owe patients a certain standard of care. This is the standard of expertise and prudence a reasonably prudent doctor with the same training would employ in similar circumstances. Your legal team has to prove that your doctor violated this standard which resulted in injuries from which you sustained quantifiable damages.

It isn't easy to prove that a doctor's standard is the same as another doctor's. This is why it's important to work with a legal firm that has access to experts who can testify on the medical field and what reasonable medical professionals in the same situation as your doctor would have done.

Not only doctors make mistakes, but so do hospital personnel, like anesthesiologists and nurses. This is especially relevant to emergency room personnel where mistakes are caused by a busy atmosphere and overworked personnel. Your attorney may be in a position to secure an expert witness from the emergency room personnel who can show the circumstances that led to the incident and the reason why your doctor failed to fulfill this standard.

Discovery

During the discovery process the attorney will collect and review evidence that could support a malpractice claim. This could include medical records, witness statements as well as expert testimony. The information may also be requested by the legal team opposing the case. This is done through interrogatories or requests for documents. Certain documents could be privileged or confidential because of privacy laws like HIPAA and its Privacy Rule.

You must also prove your injury was caused by the negligence of the doctor. This is the most challenging part of a medical malpractice case because it requires an expert witness testimony to support your claim.

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

Most lawsuits are settled before they go to trial. In medical malpractice cases, this is especially common as the costs of going to trial can be expensive. Once the facts of your case are established, a settlement can be discussed between you and your doctor's insurance company. If a settlement cannot be reached, your case could proceed to trial.

Trial

When your lawyer has completed the initial investigation and determines you have a strong malpractice case they will file the complaint. It will state clearly your allegations and must be served to the defendant with a summons.

The next stage is discovery. This includes the exchange of medical records as well as depositions of witnesses. Your lawyer will use these evidence to prove that your doctor violated the standards of care. The objective is to establish that the error resulted from the negligence of the doctor that resulted in damages.

In addition to the witness statement In addition to the witness statement, your medical buckhannon malpractice law firm attorney will collaborate with one or two expert witnesses to prove your claim. These experts will receive medical records and details about your case in preparation for their depositions and testimony. They can also assist you in preparing your case for trial.

Your attorney will start negotiations with the defense as part of the trial preparation. The process can take many years. In this time, you are recovering from your injuries and determining how much of your losses. It's in everyone's interest to settle outside of the court and avoid litigation as often as possible. Your lawyer will carefully consider the merits of a settlement against your present and long-term recovery. If the settlement is fair your lawyer will convince you to accept it.

Damages

During the discovery phase, plaintiffs will be required to prove that their losses are substantial and that the negligence of the defendant contributed to these damages. For instance, if a doctor failed to inform the patient that the surgery carried a 30 percent chance of losing a limb. Moreover, if the procedure was carried out perfectly but the patient lost their arm in the process, the medical professional could be held accountable for malpractice.

A victim can also prove that a competent lawyer could have prevented or mitigated the financial loss. It is sometimes referred to the "but for test". In addition, it is necessary to demonstrate that the plaintiff has incurred expenses to pursue a successful legal claim that are greater than the amount demanded as compensation.

Our medical malpractice attorneys can explain the various types of damages that may be awarded in a malpractice case which include past, present and future medical expenses as well as loss of income and pain and discomfort and other economic or non-economic losses. The greater the amount of money awarded, the more serious injury. However, a decision that is successful could be reversed when appealed. Settlements outside of court can be beneficial to some clients. It can save money as well as time on litigation costs. It also reduces the risk of a jury choosing a case based on emotion rather than fact.