How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits are a complex matter. There are specific guidelines to follow, such as a deadline within which the lawsuit can be filed.

In addition to proving negligence, the claimant must prove that the actions of the doctor led to injuries and losses. This will require hospital and medical records.

Complaint

After your attorney's investigation has revealed evidence that a malpractice has occurred, he or she will file a complaint in court and issue a summons. The complaint will identify the defendants and state the allegations you make against them.

Malpractice claims are based on the notion that a doctor, nurse or other healthcare provider is obligated to a patient a minimum standard of care. This is defined as the degree of skill and caution that a reasonably prudent medical professional trained similarly would exercise in similar circumstances. Your legal team needs to prove that your doctor did not meet this standard, resulting in injuries from which you sustained quantifiable damages.

The standard of care for a doctor is often an issue of opinion, and it is difficult to prove. This is why it is important to hire a law firm with access to expert witnesses who can give testimony on the medical field and what reasonable medical professionals in your doctor's situation would have done.

Not only doctors make mistakes, but so can hospital staff, such as nurses and anesthesiologists. This is especially relevant to emergency room personnel where mistakes are made due to a busy environment and overworked staff. Your attorney might be able obtain evidence from experts in the emergency room who can explain the proper procedure and how the actions of your doctor fell short of this standard.

Discovery

During the discovery process the attorney will gather and analyze evidence that could be used to support a malpractice claim. This includes medical records, witness statements expert testimony, and more. The information could also be requested by the legal team opposing the case. This usually happens through interrogatories and requests for the production of documents. However, certain documents may be classified as confidential or privileged due to privacy laws such as HIPAA and its Privacy Rule.

You must also prove your injury is due to the doctor's negligence. This is the most difficult aspect of a medical malpractice case, as it requires expert evidence to support your claim.

Your lawyer will also call witnesses who can demonstrate the doctor's negligent actions. This can include radiologists, dentists, nurses, assistants and other personnel who were involved in the treatment of your health. Your attorney will know how to take powerful and convincing depositions to make witnesses to admitting that the doctor was negligent.

Most lawsuits are settled prior to trial. In medical malpractice; visit these guys, cases this is particularly common due to the fact that going to trial can be expensive. Once the facts of your case are established, a settlement may be reached between you and the doctor's insurance company. If a settlement isn't attainable your case will proceed to trial.

Trial

After your attorney has completed the initial investigation and decides you have a strong malpractice case they will file the complaint. It will state clearly your allegations and be served on the defendant along with a summons.

The next stage is discovery. The next step involves discovery. This includes the exchange and depositions of witnesses. Your lawyer will use the statements to prove that your doctor violated the standards of care. The objective is to establish that the error was the result of the doctor's negligence and resulted in damages.

Aside from the witness statement Alongside the statement of the witness, your medical malpractice attorney will collaborate with one or two expert witnesses to support your claim. They will be provided with medical records and detailed information about your case in preparation for their deposition and testimony. They can also assist you in preparing your case for trial.

As part of the trial preparation the attorney will initiate negotiations for settlement with the defense. This process can last for several years. During this time, you will be recovering from your injuries and determining the extent and value of your losses. If possible, it's in everyone’s best interest to avoid litigation and settle out of court. Your attorney will carefully compare the merits of any settlement proposal with your current and future recovery. If the settlement offer seems reasonable then your lawyer will advise you to accept it.

Damages

During the process of discovery plaintiffs must demonstrate that their losses were substantial and that the negligence of the defendant was a factor in the damages. If, for instance, the doctor did not inform the patient of the 30% risk that the procedure would result in the loss of a leg, and the procedure was perfect, but the patient lost a limb and limb, then the medical professional could be held liable for negligence.

A victim can also prove that a competent lawyer could have prevented or minimized the financial loss. This is commonly referred as the "but for" test. It is also important to show that the plaintiff has incurred expenses to pursue a legal claim that are greater than the amount of compensation sought.

Our medical malpractice lawyers are able to explain the various forms of damages caused by a malpractice lawsuit including past, present and foreseeable medical expenses, lost income, pain and suffering and other economic and non-economic losses. Generally, the more serious the injury, the greater the amount of compensation. A ruling that is deemed to be successful can be rescinded by appeal. Settlements outside of court may be beneficial to some clients. It can save money as well as time in litigation fees. It also eliminates the risk of a jury choosing a case based on emotion instead of fact.