How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits can be a bit complicated. There are specific guidelines that must be met including a specified time period within which the suit may be filed.

The claimant also has to prove that the actions of the doctor caused injuries and losses. This will require hospital and medical documents.

Complaint

Once your attorney's investigation 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 state the allegations you make against them.

The basis for malpractice claims is the notion that a doctor, nurse or other healthcare provider owes the patient a standard of care. This is defined as the level of care and skill that a reasonable medical professional trained similarly would exhibit in similar situations. Your legal team must prove that your doctor did not adhere to this standard and caused you to suffer injury.

It can be challenging to prove that a doctor's standard is the same as another doctor's. It is crucial to employ an attorney who has access to experts in the medical field to testify about what a reasonable professional would have done.

It's not just doctors who make mistakes, but also hospital personnel, such as nurses and anesthesiologists. This is particularly true for emergency room staff where mistakes are frequently caused by a busy atmosphere and overworked personnel. Your lawyer could be able to obtain experts from emergency room personnel who can provide evidence of what should have happened and the reason why your doctor failed to meet the standards.

Discovery

During the discovery phase your lawyer will gather and look over evidence that might prove a malpractice claim. This could include medical records, witness statements, as and expert testimony. The other side's legal team can also have the chance to request the information from you and your attorney. This is accomplished through interrogatories or requests for documents. Certain documents may be considered to be confidential and confidential because of privacy laws, for instance HIPAA's Privacy Rule.

You must also prove that your injury is the result of the negligence of your doctor. This is the most difficult component of a case involving medical negligence as it requires an expert testimony to back your claim.

Your lawyer will also interview witnesses that can prove that the doctor was negligent. This can include nurses, assistants radiologists, dentists, and other personnel who were involved in your care. Your attorney will know how to conduct powerful and convincing depositions to ensure that these witnesses admitting that the doctor was negligent.

The majority of lawsuits are settled before they reach trial. This is especially common in medical malpractice cases because the costs associated with the trial process can be expensive. Once the facts are established and you have a chance to negotiate a settlement with the insurance company of the doctor. If a settlement cannot be reached, the case may proceed to trial.

Trial

After your attorney completes the initial investigation and decides you have a strong malpractice case they will file the complaint. This will clearly outline the allegations and must be handed to the defendant along with a summons.

The next step is discovery. This involves the exchange of medical records and depositions of witnesses. Your lawyer will make use of these documents to prove the doctor's breach of standard of care. The goal is to show that the error was caused by the negligence of the doctor, and resulted in damages.

In addition to the witness's testimony, your medical malpractice attorney will work with two or three expert witnesses to prove your claim. These experts will receive medical records as well as detailed information regarding your case, to prepare for their depositions and testimony. They may also assist in preparing your case for trial.

As part of the trial preparation your attorney will begin negotiations for settlement with the defense. The process continues throughout the course of the trial and can sometimes last for several years. During this time, it is important that you are recovering from your injuries and determining how much of your injuries. It is in everyone's best interests to settle outside of court whenever feasible. Your lawyer will carefully consider the advantages of a settlement offer against your present and long-term recovery. If the settlement seems reasonable the lawyer will advise you to accept it.

Damages

During the discovery process, plaintiffs must show that their losses were substantial and that the negligence of the defendant was a factor in those damages. For instance, if the doctor did not inform the patient of the 30% chance that the procedure could result in the loss of a limb, and the surgery was perfect, but the patient lost an arm, then the medical professional could be held liable for malpractice law firms.

To have a viable legal action, the defendant must prove that a competent attorney would have been able to avoid financial loss or at the very least, reduce its size. This is sometimes referred to the "but for test". In addition, it is important to show that the plaintiff incurred costs in the pursuit of a legal claim that are more than the amount demanded as compensation.

Our medical malpractice lawyers are able to provide a detailed explanation of the various types of damages that could be caused by a malpractice lawsuit including past, present and foreseeable medical expenses, lost income, pain and suffering and other non-economic losses. In general, the more severe the injury, the greater the award. A ruling that is deemed to be successful can be challenged by an appeal. Settlements outside of court could be beneficial to some clients. It can save time and money in court costs, as well as avoid the potential risk of having a jury decide a case based on the basis of emotion rather than fact.