How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits can be a little complicated. There are specific guidelines to be followed including a specified time period in which the suit can be filed.

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

Complaint

Your lawyer will prepare a court-appointed complaint and summons when he/she has found evidence of misconduct. The complaint will name the defendants and describe the allegations you make against them.

The basis for malpractice claims is the belief that a physician or nurse or any other healthcare provider owes a patient a standard of treatment. This is the amount of skill and caution a reasonably prudent doctor who has similar training would apply in similar circumstances. Your legal team needs to prove that your doctor breached this standard that resulted in injuries due to which you suffered quantifiable damages.

A doctor's standard of care is usually a matter of opinion, and it is difficult to prove. This is why it is important to work with a legal firm with access to experts who can provide testimony about the medical field and what reasonable professionals in your situation would have done.

It's not just doctors who make mistakes, but also hospital staff, including anesthesiologists and nurses. This is especially true for emergency room staff where mistakes are caused by a busy atmosphere and overworked workers. Your lawyer could be able to obtain expert testimony from emergency room staff who can provide evidence of what could have been done differently and how your doctor failed to meet the standard.

Discovery

During the discovery phase, your attorney will collect and review evidence that may help in proving a malpractice case. This could include medical records, witness statements as well as expert testimony. The other side's legal team can also have the chance to request this information from you and your attorney. This is done through interrogatories or requests for documents. Certain materials may be privileged and confidential due to privacy laws, for instance HIPAA's Privacy Rule.

It is also necessary to prove that your injury was the result of a medical professional's negligence. This is the most difficult part of a medical malpractice case since it requires expert witness testimony to support your claim.

Your lawyer will also question any witnesses that can prove the doctor's negligent actions. This includes radiologists, dentists nurses, assistants, and other personnel who were involved in the treatment of your health. Your lawyer will be proficient in preparing strong and persuasive depositions that force these witnesses to admit that the doctor was negligent.

Most lawsuits are settled before going to trial. This is especially true in medical malpractice cases as the cost of a trial can be very expensive. After the facts of your case have been established, a settlement can be discussed between you and your insurance company of the doctor. If a settlement isn't attainable, your case will then proceed to trial.

Trial

When your lawyer has completed the initial investigation and decides you have a strong lagrange malpractice lawsuit case they will file the complaint. The complaint will be clear in its claims and will be served to the defendant with a summons.

Discovery is the next phase. This includes the exchange of medical records as well as depositions of witnesses. The lawyer will use the statements to prove that your doctor acted in violation of the standard of care. The objective is to establish that the error resulted of the doctor's negligence and resulted in damages.

Apart from the witness's statement, your medical malpractice attorney will also work with a couple of expert witnesses to support your claim. They will be provided with medical records and all the details regarding your case in order to prepare for their deposition and testify. They may also assist in preparing your case for trial.

As part of the preparation for trial your attorney will begin negotiations for settlement with the defense. This process is ongoing throughout the course of the trial and can last for several years. In this time, you'll be recovering from your injuries while determining the size and amount of your injuries. It is in everyone's best interests to settle out of the court and avoid litigation as often as possible. Your attorney will carefully assess the merits of any settlement with your current and future recovery. If the settlement offer seems reasonable, then your lawyer will advise you to accept it.

Damages

During the discovery process plaintiffs must demonstrate that their losses were substantial and that the negligence of the defendant contributed to the damages. For example, if the doctor did not inform the patient that the procedure carried a 30 percent chance of losing a limb and the procedure was done correctly but the patient lost their arm in the process, the medical professional could be held accountable for malpractice.

To be able to bring a valid legal action, the defendant must also show that a competent lawyer could have been able stop their financial loss or at the very least, reduce the size. This is sometimes referred to as the "but for" test. It is also essential to prove that the plaintiff's expenses in the pursuit of a legal claim which are over the amount demanded as compensation.

Our medical malpractice lawyers can explain the different types of damages that can be given in a malpractice lawsuit, including past, current and future medical expenses, as along with loss of income, pain and discomfort, and other economic or non-economic loss. In general, the more serious the injury, the more the award. A successful verdict may be rescinded by appeal. So, settling out of court could be an advantageous option for a few clients. It could save money and time on litigation costs. It also avoids the risk of a juror making a decision based on emotions rather than facts.