How to File a Medical Malpractice Lawsuit

Medical malpractice suits are complex. There are specific guidelines to follow, for example a deadline within which a lawsuit can be filed.

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

Complaint

Your attorney will make a court complaint and summons after he has discovered evidence of negligence. The complaint will identify the defendants in the case and outlines the allegations that you are making against them.

The basis for malpractice claims is the notion that a doctor, nurse or other healthcare provider is obligated to a patient a certain standard of care. This is the amount of competence and prudence that an appropriately prudent doctor with similar training would employ in similar situations. Your legal team has to prove that your doctor did not adhere to this standard and caused you to suffer injury.

The standard of care a physician provides is usually a matter of opinion and can be difficult to prove. This is why it's important to work with a legal firm that has access to expert witnesses who can testify about the medical field and what a reasonable professional in your doctor's position would have done.

It's not just doctors who make mistakes, but also hospital staff, such as anesthesiologists and nurses. This is particularly true of emergency room staff, whose mistakes are often attributed to a chaotic environment and overworked staff. Your lawyer may be able to obtain testimony from experts in the emergency room who can explain what should have been done and why your doctor's actions did not meet the standards.

Discovery

During the discovery phase your lawyer will collect and analyze evidence that could support a malpractice case. This includes medical records, witness statements, expert testimony, and more. The legal team on the other side may also be able to request these documents from you and your attorney. This is usually done through inquiries and requests for production of documents. Certain documents could be classified as confidential or privileged because of privacy laws such as HIPAA and its Privacy Rule.

You must also prove that your injury was caused by the negligent doctor. This is the most difficult aspect of a medical negligence case since it requires expert testimony to back your claim.

Your lawyer can also question witnesses who can prove that the doctor was negligent. This can include nurses, assistants, radiologists, dentists and other personnel who were involved in your care. Your lawyer will be proficient in preparing strong and persuasive depositions that force these witnesses to admit that the doctor was negligent.

The majority of lawsuits are settled before they go to trial. This is particularly common in medical malpractice cases since the costs associated with a trial can be very high. Once the facts are established, you can negotiate an agreement with the insurer of the doctor. If a settlement cannot be reached the case will go to trial.

Trial

Your lawyer will file a complaint following completing the initial investigation. If they find that you have a compelling case for malpractice law firm, then they will file the complaint. The complaint will clearly state the allegations and must be delivered to the defendant with the summons.

The next phase is discovery. This includes the exchange of medical records as well as depositions of witnesses. Your lawyer will use these statements 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 resulted in damages.

Your medical malpractice lawyer will also work with one or more expert witnesses to prove your claim. They will be provided with medical records and details regarding your case to prepare for their deposition and testimony. They can also assist you in preparing your case for trial.

Your attorney will begin discussions on settlement with the defense as part of the preparation for trial. This process continues throughout the trial and can take up to many years. In this time, it is likely that you'll be recovering from your injuries and determining the size and amount of your losses. It's in everyone's interest to settle the matter out of the courtroom and avoid litigation whenever possible. Your lawyer will carefully consider the merits of any settlement offer with your current and future settlement. If the settlement offer is reasonable and fair, then your attorney will convince you to accept it.

Damages

During the discovery phase, plaintiffs will need to prove that their losses are substantial and that the negligence of the defendant caused these damages. For instance, if a doctor failed to inform the patient that the surgery was a 30 percent risk of losing a limb. Moreover, if the procedure was carried out perfectly but the patient lost their arm and the medical professional could be held accountable for malpractice.

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

Our medical malpractice lawyers are able to explain the various types of damages that could be suffered in a malpractice lawsuit including past, present and foreseeable medical expenses as well as lost income, suffering and pain and suffering, and other economic and non-economic losses. In general, the more severe the injury, the greater the amount of compensation. However, a verdict that is deemed to be a success is sometimes overturned when appealed. So, settling out of court may be an advantageous option for some clients. It will save time and money in court costs, as well as avoid the potential risk of having a jury judge cases on the basis of emotions rather than fact.