How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits can be a little complicated. There are specific guidelines that must be met including a certain time period within which the suit may be filed.

In addition to showing negligence, the claimant must prove that the doctor's actions led to injuries and losses. This will require medical and hospital documents.

Complaint

Your lawyer will make a court complaint and summons once he or she has found evidence of malpractice. The complaint will identify the defendants, and then state the allegations against them.

Malpractice claims are based on the premise that nurses, doctors, or other healthcare providers owe a patient an appropriate level of care. This standard is the level of competence and prudence that reasonable doctors who has similar training would apply in similar situations. Your legal team has to show that your doctor breached this standard that resulted in injuries due to which you have suffered damages that are quantifiable.

The standard of care a physician provides is often a matter of opinion and is difficult to prove. It is essential to find an attorney who has access to experts in the field of medicine to testify on what a competent professional would have done.

It's not just physicians who commit medical errors, hospital staff members, like nurses and anesthesiologists, also can commit malpractice. This is particularly true of emergency room staff, whose mistakes are often attributed to a hectic atmosphere and overworked staff. Your attorney may be in a position to get expert testimony from emergency room staff who can explain what should have happened and how your doctor failed to meet this standard.

Discovery

During the discovery process, your attorney will collect and review evidence that could prove a malpractice law firm case. This includes medical records, witness statements, as and expert testimony. The legal team on the other side may also be able to request the information from you and your attorney. This is done through interrogatories or requests for documents. Certain documents could be privileged or confidential due to privacy laws like HIPAA and its Privacy Rule.

You must also prove that your injury was the result of a doctor's negligence. This is the most difficult element of a medical negligence case, as it requires expert testimony to support your claim.

Your lawyer will also interview witnesses who can prove the negligence of the doctor. This includes radiologists, dentists nurses, assistants, nurses and other personnel who were involved in the care of your health. Your lawyer will know how to take powerful and effective depositions to ensure that these witnesses admit that the doctor's negligence was a factor.

Most lawsuits are settled before they go to trial. This is especially true for medical malpractice cases, since the cost of a trial can be very high. Once the facts are established you can negotiate an agreement with the doctor's insurer. If a settlement isn't feasible, your case will then go to trial.

Trial

Your lawyer will file a complaint following an initial investigation. If they find that you have a strong case of malpractice, they will file the complaint. The complaint will clearly state the allegations and must be handed to the defendant along with a summons.

Discovery is the next phase. This involves the exchange of medical records and depositions of witnesses. Your lawyer will use these statements to establish the doctor's breach of standard of care. The objective is to prove that the error resulted of negligence on the part of the doctor and caused damage.

Aside from the witness statement Your medical malpractice lawyer will also work with two or more expert witnesses to back up your claim. These experts will receive medical records and detailed information about your case to prepare for their deposition and testimony. They may also aid in making your case ready for trial.

Your lawyer will begin talks with the defense during the preparation for trial. This process continues throughout the trial, and can sometimes last for many years. During this time period, you are recovering from your injuries and determining how much of your damages. It is in everyone's best interests to settle out of court whenever possible. Your attorney will carefully compare the merits of any settlement offer with your current and future recoveries. If the settlement is reasonable your lawyer will convince you to accept it.

Damages

During the discovery phase, plaintiffs will need to prove that their losses are significant and that the negligence of the defendant has contributed to these damages. If, for example, the doctor did not inform the patient of the 30% chance that the procedure could result in the loss of a arm, and the operation was successful, but the patient lost an arm, then the medical professional could be held accountable for malpractice.

A victim can also prove that a competent lawyer could have prevented or minimized the financial loss. This is sometimes called the "but for test". Additionally, it is necessary to demonstrate that the plaintiff's expenses to pursue a legal claim that are more than the amount of compensation sought.

Our medical malpractice lawyers are able to provide a detailed explanation of the various types of damages that could be suffered in a malpractice lawsuit 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 severe the injury, the more the amount of compensation. However, a ruling that is successful can sometimes be overturned upon appeal. Settlements outside of court may be beneficial for certain clients. It can help save time and money on court costs, as well being able to avoid the potential risk of having a jury decide a case on the basis of emotions instead of facts.