How to File a Medical Malpractice Lawsuit

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

The claimant must also prove that the doctor's actions led to injuries and losses. This will require medical and hospital records.

Complaint

Your lawyer will file a court complaint and summons after he has found evidence of misconduct. The complaint identifies the defendants in your case and outlines the allegations that you are making against them.

The basis for malpractice claims is the belief that a physician or nurse or other healthcare provider owes the patient a certain standard of care. This is the standard of expertise and prudence reasonable doctors with similar training would use in similar situations. Your legal team must show that your doctor violated this standard and caused you to suffer damages.

A doctor's standard of care is often a matter of opinion, and it can be difficult to prove. This is why it's crucial to choose a law firm that has access to expert witnesses who can provide testimony about the medical field and what an experienced professional in your situation would have done.

It's not only doctors who commit medical mistakes; hospital staff members, such as nurses and anesthesiologists, also can be liable for malpractice. This is especially the case for emergency room personnel where mistakes are frequently caused by a busy environment and overworked employees. Your lawyer may be able to obtain testimony from experts in the emergency room who can explain what could have been done and how the actions of your doctor fell short of this standard.

Discovery

During the discovery process your lawyer will collect and review evidence that could be used to support a malpractice claim. This could include 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 production of documents. However, certain materials could be privileged or confidential due to privacy laws, such as HIPAA and its Privacy Rule.

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

Your lawyer will also depose witnesses to prove that the doctor was negligent. This can include radiologists, dentists as well as nurses, assistants and other people who were involved in the treatment of your health. Your lawyer will know how to take effective and strong depositions so that witnesses to accept that the doctor's negligence was a factor.

The majority of lawsuits are settled prior to trial. This is particularly common in medical university city malpractice lawyer cases as the costs of trial can be expensive. Once the facts are established and you have a chance to negotiate an agreement with the insurance company that covers the doctor. If a settlement isn't agreed upon, your case will go to trial.

Trial

Once your attorney has completed the initial investigation and determines you have an excellent malpractice case, they will file the complaint. This will clearly state the allegations and must be handed to the defendant along with the summons.

Discovery is the next phase. The next stage involves discovery. This includes depositions and exchange of witnesses. Your lawyer will use the evidence to show that your doctor violated the standard of care. The objective is to establish that the error was a result of negligence by the doctor and resulted in damages.

Your medical malpractice attorney will also work with one or more expert witnesses to prove your claim. They will be provided with medical records and all the details regarding your case in order to prepare for their testimony and deposition. They can also assist you in preparing your case for trial.

Your lawyer will begin settlement discussions with the defense team as part of the preparation for trial. This process can go on for many years. During this period, you'll be recovering from your injuries while determining the size and amount of your losses. It is in everyone's best interests to settle out of the courtroom and avoid litigation whenever it is possible. Your lawyer will carefully weigh the merits of a settlement against your current and future recovery. If the settlement is reasonable your lawyer will convince you to accept it.

Damages

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

In order to be able to file a valid malpractice lawsuit, the victim must also prove that a competent lawyer would have been able to stop their financial loss or at least minimize the amount. This is sometimes referred to the "but for test". Additionally, it is essential to prove that the plaintiff incurred costs in pursuit of a successful legal claim that are greater than the amount of compensation sought.

Our medical polson malpractice lawsuit lawyers can explain the various types of damages that could be attained in a malpractice case including the past, present and future medical expenses, lost income, suffering and pain and suffering, and other economic and non-economic losses. In general, the more serious the injury, the greater the award. However, a verdict that is deemed to be a success can sometimes be overturned when appealed. So, settling outside of court could be a good alternative for some clients. It will save money and time in court costs. It also avoids the risk of a jury making a decision based on emotions instead of facts.