How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits are a complex matter. There are specific guidelines to be adhered to including a certain time period within which the suit could be filed.

In addition to the need to prove negligence, the plaintiff must show that the actions of the doctor resulted in injuries and losses. This will require hospital and medical documents.

Complaint

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

The basis for malpractice claims is the notion that a doctor or nurse or any other healthcare professional owes a patient a standard of care. This standard is defined as the amount of skill and caution that a reasonably prudent medical professional who has similar training would exercise in similar circumstances. Your legal team must show that your doctor did not adhere to this standard and caused you to suffer quantifiable injury.

It can be difficult to prove that a doctor's standards are comparable to another doctor's. It is crucial to choose an attorney who has access to experts in the field of medicine to testify about what a competent professional would have done.

It is not just physicians who commit medical errors, hospital staff members, such as nurses and anesthesiologists, also are susceptible to making mistakes. This is especially true of emergency room staff, as mistakes are often attributed to a chaotic environment and overworked staff. Your lawyer may be able to obtain testimony from experts in the emergency department that can assist in proving what could have been done and why your doctor's actions did not meet the standards.

Discovery

During the discovery phase your lawyer will gather and look over evidence that could be used to support a malpractice claim. This includes medical records, witness statements, as and expert testimony. This information can be requested by the opposing legal team. This is typically done through interrogatories and requests for the production of documents. Certain documents could be classified as confidential or privy because of privacy laws like HIPAA and its Privacy Rule.

It is also necessary to prove that your injury was the result of a negligence of the doctor. This is the most difficult aspect of a medical malpractice claim because it requires expert witness testimony that supports your claim.

Your lawyer will also interview any witnesses that can prove the doctor's negligent actions. This could include radiologists, dentists, nurses, assistants as well as other individuals who were involved in the treatment of your health. Your lawyer will be proficient at taking strong and effective depositions that force these witnesses to admit that the doctor was negligent.

Most lawsuits are settled prior to trial. In medical malpractice cases it is a common practice due to the fact that going to trial can be expensive. Once the facts are established, you can negotiate a settlement with the insurer of the doctor. If a settlement isn't agreed upon, your case will be heard in court.

Trial

When your lawyer has completed the initial investigation and determines you have an excellent malpractice case, they will file the complaint. The complaint will clearly state the allegations and must be delivered to the defendant in the summons.

The next phase is discovery. The next stage involves discovery. This involves the exchange and deposition of witnesses. Your lawyer will make use of these documents to prove your doctor's breach of standard of care. The goal is to show that the error was the result of the doctor's negligence, and caused damages.

Aside from the witness statement Your medical malpractice lawyer will work with one or two experts to support your claim. They will be provided with medical records and detailed information about your case to prepare for their testimony and deposition. They may also aid in the preparation of your case for trial.

As part of the preparation for trial your lawyer will start negotiations for settlement with the defense. This process could last for many years. During this time, you'll be recovering from your injuries while determining the extent and value of your losses. It's in everyone's interest to settle outside of the court and avoid litigation as often as feasible. Your lawyer will carefully consider the merits of a settlement against your current and future recovery. If the settlement is reasonable, your lawyer will encourage you to accept it.

Damages

During the discovery process Plaintiffs must demonstrate that their losses were substantial and that the negligence of the defendant was a factor in those damages. For example, if the doctor did not inform the patient that a surgery was a 30 percent risk of losing a limb. If the procedure was carried out perfectly but the patient lost their arm and the medical professional could be held liable for malpractice.

To have a viable malpractice suit, the plaintiff must prove 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 essential to prove that the plaintiff was liable for costs to pursue a legal claim that is greater than the amount demanded as compensation.

Our medical malpractice lawyers can explain the various types of damages that may be sustained in a malpractice lawsuit including past, present and foreseeable medical expenses as well as lost income, suffering and other economic and non-economic losses. The higher the amount the more serious the injury. A ruling that is deemed to be successful can be overturned through an appeal. Settlements outside of court could be advantageous for some clients. It will save time and money in litigation costs, aswell as avoid the potential risk of having a jury decide a case on the basis of emotions instead of fact.