How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits are a complex matter. There are certain guidelines to follow, for example a time limit within which a lawsuit can be filed.

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

Complaint

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

Malpractice claims are based on the belief that a physician or healthcare provider owes a patient a minimum standard of care. This is the amount of skill and caution an appropriately prudent doctor with similar training would employ in similar situations. Your legal team must demonstrate that your doctor violated this standard and caused you to suffer injury.

The standard of care a physician provides is usually an issue of opinion and can be difficult to prove. This is why it is crucial to choose a law firm with access to expert witnesses who can testify about the medical field and what an experienced professional in your doctor's position would have done.

Not only doctors make mistakes, but also hospital personnel, such as nurses and anesthesiologists. This is especially true for emergency room staff, where errors are usually due to the crazed atmosphere and overworked workers. Your lawyer may be able to obtain testimony from experts in the emergency department who can provide evidence of the correct procedure and how the actions of your doctor did not meet the standards.

Discovery

During the discovery stage your lawyer will collect and review evidence that may prove a malpractice case. This could include medical records, witness statements, as well as expert testimony. The information may also be requested by the opposing legal team. This is usually done through interrogatories and requests for the production of documents. Certain documents could be confidential or protected due to privacy laws, such as HIPAA and its Privacy Rule.

You must also prove that your injury is due to the negligence of the doctor. This is the most difficult component of a medical negligence claim since it requires expert testimony to back your claim.

Your lawyer can also question witnesses to prove that the doctor was negligent. This includes radiologists, dentists nurses, assistants, and others who were involved in the treatment of your health. Your lawyer will know how to conduct powerful and convincing depositions to make these witnesses accept that the doctor's negligence was a factor.

Most lawsuits are resolved, or settled, before they reach the trial stage. This is particularly true in medical malpractice lawyer cases because the costs associated with trial can be high. After the facts of your case have been established, a settlement can be reached between you and the insurance company of the doctor. If a settlement isn't possible, your case will then proceed to trial.

Trial

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

Discovery is the next stage. The next phase is discovery. This includes depositions and exchange of witnesses. Your lawyer will use these evidence to show that your doctor acted in violation of the standard of care. The objective is to establish that the error resulted from the negligence of the doctor that caused damage.

In addition to the witness's testimony, your medical malpractice attorney will work with two or more experts to support your claim. These experts will be given medical records as well as detailed information regarding your case in order to prepare for their deposition and testimony. They may also aid in the preparation of your case for trial.

As part of the preparation for trial, your attorney will begin negotiations for settlement with the defense. This process could last for many years. In this time, you are recovering from your injuries and determining the extent of your damages. When possible, it's in everyone's best interest to avoid litigation and settle out of court. Your attorney will carefully weigh the advantages of a settlement offer against your current and future recovery. If the settlement is reasonable your lawyer will advise you to accept it.

Damages

During the process of discovery, plaintiffs must show that their losses were substantial and that the negligence of the defendant caused those damages. For instance, if a doctor did not inform the patient that the procedure had a 30% chance of losing a limb. If the procedure was completed perfectly but the patient lost their arm or limb, the doctor could be liable for malpractice law firms.

A victim may also demonstrate that a competent lawyer could have prevented or reduced the financial loss. It is sometimes referred to the "but for test". It is also essential to prove that the plaintiff incurred costs to pursue a successful legal claim that is in excess of the amount sought as compensation.

Our medical malpractice lawyers can explain the various types of damages that can be caused by a malpractice lawsuit including past, present and future medical expenses loss of income, pain and suffering as well as other non-economic losses. The higher the award the more serious the damage. A decision that is found to be a success could be rescinded by appeal. Settlements that are not in court may be advantageous for some clients. It can save money as well as time on litigation costs. It also reduces the risk of a juror deciding a case based on emotion instead of fact.