How to File a Medical Malpractice Lawsuit

Medical malpractice suits are complicated. There are specific guidelines to follow, including the time frame within which the lawsuit can be filed.

In addition to proving negligence, the person seeking compensation must show that the doctor's actions caused injuries and losses. This will require hospital and medical documents.

Complaint

Once your attorney's investigation has found evidence that fraud was committed, he will file a complaint with the court along with summons. The complaint will identify the defendants and state the allegations you have made against them.

Malpractice claims are based on the notion that nurses, doctors and other healthcare providers are obligated to a patient a certain standard of care. This is defined as the amount of care and skill that a reasonable medical professional with the same training would apply in similar circumstances. Your legal team must show that your doctor violated this standard and resulted in you suffering quantifiable harm.

It isn't easy to prove that a physician's standard is the same as another doctor's. This is why it's crucial to choose a law firm that has access to experts who can give testimony on the medical field and what a reasonable professional in your doctor's situation would have done.

It's not just physicians who commit medical errors, hospital personnel, including nurses and anesthesiologists may be guilty of malpractice. This is especially true for emergency room staff, as errors are usually due to the crazed atmosphere and overworked staff. Your attorney might be able to get testimony from experts in the emergency room that can assist in proving what could have been done and why your doctor's actions did not meet this standard.

Discovery

In the discovery phase during the discovery phase, your lawyer will gather and examine 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 is done through interrogatories or requests for documents. Certain documents could be classified as confidential or privy due to privacy laws, such as HIPAA and its Privacy Rule.

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

Your lawyer will also call witnesses to prove that the doctor was negligent. This can include nurses, assistants, radiologists, dentists and others who were involved in your care. Your lawyer is skilled in taking effective and convincing depositions to get these witnesses to admit that the doctor was negligent.

Most lawsuits are resolved, or settled before they reach the trial stage. This is particularly common in medical malpractice law firm cases because the cost of a trial can be very high. After the facts of your case are established, a settlement can be discussed between you and your doctor's insurance company. If a settlement is not agreed upon, your case will be heard in court.

Trial

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

The next step is discovery. The next phase is discovery. This involves the exchange and deposition of witnesses. The lawyer will use the statements to prove that the doctor did not follow the standard of care. The aim is to demonstrate that the error was caused by the doctor's negligence, and caused damages.

Apart from the witness's statement Your medical malpractice lawyer will collaborate with two or more expert witnesses to back up your claim. These experts will be given medical records as well as detailed information about your case to prepare for their testimony and deposition. They can also assist in preparing your case for trial.

As part of the trial preparation your attorney will begin settlement negotiations with the defense. This process continues throughout the trial and can last for many years. In this time, you will be recovering from your injuries while determining the magnitude and value of your damages. If possible, it's in everyone’s best interest to avoid litigation and settle outside of court. Your lawyer will carefully consider the merits of any settlement offer against your current and future settlement. If the settlement seems reasonable the lawyer will advise you to accept it.

Damages

During the process of discovery plaintiffs must demonstrate that their losses were significant and that the negligence of the defendant was a factor in the damages. For instance, if the doctor failed to inform the patient of the 30 percent risk that the procedure would result in the loss of arm, and the operation was perfect but the patient lost an arm in the process, then the medical professional could be held accountable for negligence.

To have a viable malpractice lawsuit, the victim must also prove that a competent lawyer could have helped stop their financial loss or at least minimize its size. It is sometimes referred to the "but for test". Additionally, it is necessary to demonstrate that the plaintiff incurred costs to pursue a legal claim which are more than the amount sought as compensation.

Our medical malpractice lawyers can provide a detailed explanation of the various types of damages that may be caused by a malpractice lawsuit including the past, present and future medical expenses as well as lost income, suffering as well as other non-economic losses. In general, the more severe the injury, the more the award. A verdict that is successful could be challenged by an appeal. So, settling outside of court could be a good option for some clients. It can save money and time in court costs. It also helps avoid the possibility of a jury making a decision based on emotions instead of facts.