How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits are a complex matter. There are specific guidelines to be followed, which include a time limit within which the lawsuit can be filed.

In addition to the need to prove negligence, the plaintiff must show that the actions of the doctor led to injuries and losses. This will require medical and hospital records.

Complaint

Your attorney will file a court complaint and summons once he or she has found evidence of misconduct. The complaint identifies the defendants in your case and clearly states the allegations you are making against them.

Malpractice claims are based upon the belief that nurses, doctors or other healthcare providers are obligated to a patient a certain standard of care. This standard is the level of competence and prudence that reasonable doctors with similar training would employ in similar circumstances. Your legal team has to prove that your doctor did not adhere to this standard and caused you to suffer quantifiable harm.

The standard of care a physician provides is usually a matter of opinion, and is often difficult to prove. It is important to hire an attorney who has access to experts in the medical field to testify on what a reasonable professional would have done.

Not only doctors make mistakes, but also hospital personnel, such as nurses and anesthesiologists. This is especially true of emergency room staff, where mistakes are frequently made due to the crazed atmosphere and overworked employees. Your attorney may be able to obtain testimony from experts in the emergency room who can help demonstrate what should have been done and how the actions of your doctor did not meet the standards.

Discovery

During the discovery stage during the discovery phase, your lawyer will gather and review evidence that may help in proving a malpractice case. This includes medical records, witness statements, expert testimony, and more. The information could also be requested by the opposing legal team. This is accomplished through interrogatories or requests for documents. However, certain materials may be classified as confidential or privy due to privacy laws like 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 case involving medical negligence, as it requires expert testimony to back your claim.

Your lawyer will also question witnesses who can prove the doctor's negligence. This includes radiologists, dentists nurses, assistants, and other people who were involved in the treatment of your health. Your lawyer will know how to take powerful and effective depositions in order to get witnesses to admitting that the doctor's negligence.

The majority of lawsuits are resolved or settled before they reach the trial stage. For medical malpractice cases, this is especially common because the cost of going to trial can be expensive. Once the facts are established, you can negotiate a settlement with the insurance company that covers the doctor. If a settlement isn't possible, your case will then go to trial.

Trial

When your lawyer has completed the initial investigation and decides you have a strong malpractice law firms case, they will file the complaint. The complaint will be clear in its allegations and will be given to the defendant along with the summons.

Discovery is the next stage. The next phase involves discovery. This includes the exchange and depositions of witnesses. Your lawyer will make use of these statements to prove your doctor's breach of the standard of care. The goal is to show that the error was caused by the negligence of your doctor, and caused damage.

Your medical malpractice attorney will also collaborate with one or more expert witnesses in support of your claim. They will be provided with medical records as well as detailed information regarding your case to prepare for their deposition and testify. They may also assist in preparing your case for trial.

Your attorney will begin negotiations with the defense as part of the trial preparation. The process can take several years. In this time, it is likely that you will be recovering from your injuries while determining the extent and value of your losses. When you can, it's in everyone’s best interest to avoid litigation and settle outside of court. Your attorney will carefully weigh the merits of a settlement offer against your current and future recovery. If the settlement seems reasonable your lawyer will advise you to accept it.

Damages

During the discovery process plaintiffs must demonstrate that their losses were significant and that the negligence of the defendant contributed to those damages. For example, if the doctor did not inform the patient of the 30 percent likelihood that the procedure will result in the loss of leg, and the surgery was successful, but the patient lost a limb, then the medical professional could be held liable for negligence.

In order to be able to file a valid malpractice lawsuit, the victim must also show that a competent attorney would have been able to reduce their financial loss, or at a minimum, lessen the amount. This is sometimes referred to the "but for test". It is also essential to prove that the plaintiff has incurred expenses in pursuit a successful legal claim, that is greater than the amount they seek in compensation.

Our medical malpractice lawyers are able to explain the different types of damages that may be attained in a malpractice case including future, present and past medical expenses, lost income, suffering and other non-economic losses. The greater the amount of money awarded, the more serious injury. A verdict that is successful could be challenged by an appeal. Settlements outside of court can be advantageous for some clients. It can help save time and money on litigation fees, as well as avoiding the possibility of having a jury judge a case based on the basis of emotion rather than fact.