How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits can be very 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 also prove that the doctor's actions led to injuries and losses. This will require medical and hospital documents.

Complaint

Your attorney will submit a court complaint as well as summons when he/she has found evidence of malpractice. The complaint will identify the defendants and make the allegations you have made against them.

Malpractice claims are based on the idea that a doctor, nurse or other healthcare provider owes the patient a certain standard of care. This is the amount of skill and caution reasonable doctors with similar training would use in similar circumstances. Your legal team has to prove that your doctor did not adhere to this standard and caused you to suffer quantifiable injury.

It can be difficult to prove that a physician's standard is the same as another doctor's. It is important to hire 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 doctors who make mistakes in their medical practice; hospital personnel, including nurses and anesthesiologists, also can be liable for malpractice. This is especially applicable to emergency room staff where mistakes are caused by a hectic atmosphere and overworked personnel. Your attorney may be able to obtain an expert witness from the emergency room personnel who can provide evidence of what should have happened and why your doctor was unable to meet this standard.

Discovery

In the discovery phase your lawyer will collect and analyze evidence that could support a malpractice case. This includes medical records and witness statements, as in addition to expert testimony. These records can also be requested by the legal team opposing the case. This is typically done via interrogatories as well as requests for production of documents. Certain materials are considered to be privileged and confidential due to privacy laws, for instance HIPAA's Privacy Rule.

You must also prove that your injury is due to the doctor's negligence. This is the most challenging part of a medical malpractice claim because it requires expert witness testimony that supports your claim.

Your lawyer will also depose witnesses that can prove that the doctor was negligent. This can include nurses, assistants radiologists, dentists, and others who were involved in your treatment. Your attorney will know how to conduct effective and strong depositions in order to get these witnesses admitting that the doctor's negligence was a factor.

Most lawsuits are settled before they reach trial. In medical sullivan malpractice lawsuit cases it is a common practice as the costs of going to trial can be expensive. Once the facts are established you can negotiate an agreement with the insurance company of the doctor. If a settlement cannot be reached, your case will then go to trial.

Trial

After your attorney completes the initial investigation and concludes that you have a solid malpractice case, they will file the complaint. This will clearly state your allegations and will be served to the defendant along with a summons.

Discovery is the next phase. The next phase is discovery. This includes the exchange and depositions of witnesses. Your lawyer will make use of these evidences to prove your doctor's breach of the standard of care. The aim is to demonstrate that the error was the result of the negligence of the doctor, and caused damages.

Your medical malpractice lawyer will also collaborate with one or more expert witnesses to support your claim. These experts will receive medical records and detailed information regarding your case, to prepare for their deposition and testify. They may also help prepare your case for trial.

As part of the trial preparation, your attorney will begin settlement negotiations with the defense. The process continues throughout the trial, and may last for years. During this time, you are recovering from your injuries and determining the severity of your injuries. It's in everyone's best interest to settle outside of court whenever possible. Your lawyer will carefully evaluate the merits of any settlement proposal with your current and future settlement. If the settlement offers are reasonable your lawyer will convince you to accept it.

Damages

During the process of discovery plaintiffs must demonstrate that their losses were substantial and that the negligence of the defendant caused the damages. If, for example, the doctor failed to inform the patient of the 30% possibility that the procedure might result in the loss of a limb, and the surgery was successful, but the patient lost an arm or limb, the doctor could be held accountable for negligence.

In order to be able to file a valid malpractice suit, the plaintiff must prove that a competent attorney could have helped avoid financial loss or at least minimize its size. This is commonly referred to as the "but for" test. It is also necessary to show that the plaintiff incurred costs in the pursuit of a successful legal claim, which is greater than the amount they seek in compensation.

Our medical malpractice lawyers are able to explain the various kinds of damages that can be given in a eden malpractice lawyer lawsuit including past, current and future medical expenses, as well as lost income or income, pain and discomfort and other economic or non-economic losses. The greater the amount of money awarded, the more serious injury. A ruling that is deemed to be successful can be challenged by an appeal. Settlements outside of court can be beneficial to some clients. It can save time and money in litigation fees, as well as avoiding the possibility of having a jury judge an issue on the basis of emotion instead of facts.