How to File a Medical Malpractice Lawsuit

Medical malpractice suits are complex. There are certain rules that must be followed including a time limit within which the suit may be filed.

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

Complaint

When your attorney's inquiry has uncovered evidence that malpractice was committed, he will file a formal complaint in court, along with a summons. The complaint will identify the defendants, and then state the allegations you bring against them.

Malpractice claims are founded on the premise that nurses, doctors, or other healthcare providers are obligated to a patient the highest standard of care. This is defined as the level of competence and care that a reasonable medical professional who has similar training would exercise in similar circumstances. Your legal team must prove that your doctor violated this standard and resulted in you suffering quantifiable damage.

It isn't easy to prove that a physician's standards are the same as another doctor's. This is why it is important to hire a law firm that has access to expert witnesses who can provide testimony about the medical field and what an experienced professional in your situation would have done.

It's not just doctors who make mistakes in their medical practice; hospital staff members, such as nurses and anesthesiologists, also can be liable for malpractice. This is especially true of emergency room staff, as errors are usually due to a hectic atmosphere and overworked staff. Your lawyer could be in a position to get expert testimony from emergency room staff who can show what could have been done differently and how your doctor failed to meet the standard.

Discovery

During the discovery stage your lawyer will collect and examine evidence that could be used to support a malpractice claim. This includes medical records, witness statements as well as expert testimony. The legal team of the other side can also have the chance to request this information from you and your attorney. This is typically done via interrogatories and requests for production of documents. Certain documents could be privileged or confidential due to privacy laws like HIPAA and its Privacy Rule.

You must also prove your injury was caused by the medical professional's negligence. This is the most challenging aspect of a medical negligence claim because it requires expert witness testimony that proves your claim.

Your lawyer will also call any witnesses that can support the doctor's negligent actions. This can include assistants, nurses, radiologists, dentists and other personnel who were involved in your treatment. Your lawyer will know how to conduct powerful and convincing depositions in order to get these witnesses acknowledge that the doctor's negligence.

Most lawsuits are resolved, or settled before they reach the trial stage. In medical malpractice cases this is the most common because the cost of going to trial can be expensive. Once the facts are established then you can negotiate an agreement with the doctor's insurer. If a settlement isn't possible the case will go to trial.

Trial

After your attorney has completed the initial investigation and decides you have a strong bradenton malpractice law firm case, they will file the complaint. The complaint will be clear in its allegations and must be delivered to the defendant along with the summons.

Discovery is the next stage. The next phase involves discovery. This includes the exchange and deposition of witnesses. Your lawyer will use these statements to prove that your doctor violated the standard of care. The objective is to establish that the error resulted of negligence by the doctor and resulted in damages.

Your medical addison malpractice attorney attorney will also work with one or more expert witnesses to back your claim. They will be provided with medical records as well as detailed information about your case in preparation for their deposition and testify. They can also assist you in preparing your case for trial.

Your lawyer will begin discussions on settlement with the defense team as part of the preparation for trial. The process can take many years. In this time, it is likely that you will be recovering from your injuries while determining the size and amount of your damages. 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 long-term recovery. If the settlement is fair your lawyer will advise you to accept it.

Damages

During the discovery process the plaintiffs must prove that their losses were substantial and that the negligence of the defendant contributed to those damages. For example, if the doctor failed to inform the patient that the procedure was associated with a 30 percent chance of losing a limb, and the procedure was carried out perfectly but the patient lost their arm in the process, the medical professional could be held accountable for malpractice.

A victim can also prove that a competent lawyer could have averted or reduced the financial loss. This is commonly referred as the "but for" test. It is also required to prove that the plaintiff was liable for costs to pursue a legal claim which are in excess of the amount demanded as compensation.

Our medical malpractice lawyers are able to explain the different types of damages that could be sustained in a malpractice lawsuit including future, present and past medical expenses loss of income, pain and suffering and other non-economic losses. The more serious the injury, the more the award. A verdict that is successful could be overturned through an appeal. So, settling outside of court can be a good option for some clients. It could save money and time in litigation fees. It also helps avoid the risk of a jury ruling on a case based upon emotions instead of facts.