How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits are a complex matter. There are certain guidelines to follow, for example a time limit within which the lawsuit may be filed.

In addition to showing negligence, the claimant must show that the actions of the doctor resulted in injuries and losses. This will require hospital and medical records.

Complaint

Once your attorney's investigation has revealed evidence that a malpractice occurred, he or she will file a lawsuit in court and issue summons. The complaint names the defendants in your case and outlines the allegations that you are making against them.

Malpractice claims are founded upon the belief that nurses, doctors and other healthcare providers owe a patient the same level of care. This is the standard of competence and prudence that a reasonably prudent doctor with similar training would use in similar situations. Your legal team must demonstrate that your doctor violated this standard and resulted in you suffering quantifiable damages.

The standard of care for a doctor is often an issue of opinion, and it is often difficult to prove. It is crucial to choose an attorney who has access to experts in the field of medicine to testify on what a competent professional would have done.

It is not just physicians who commit medical mistakes; hospital staff members, such as nurses and anesthesiologists, also are susceptible to making mistakes. This is particularly true of emergency room staff, where mistakes are often made due to the crazed atmosphere and overworked staff. Your lawyer could be in a position to obtain an expert witness from the emergency room personnel who can show the circumstances that led to the incident and how your doctor failed to meet the standard.

Discovery

During the discovery phase your lawyer will gather and examine evidence that may support a malpractice claim. This includes medical records and witness statements as in addition to expert testimony. The legal team representing the other side will also have the opportunity to request this information from you and your attorney. This is usually done through 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 that your injury is the result of the doctor's negligence. This is the most difficult element of a medical malpractice case, as 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 assistants, nurses, radiologists, dentists and others who were involved in your care. Your lawyer is skilled in preparing powerful and effective depositions that force these witnesses to admit that the doctor was negligent.

Most lawsuits are settled, or settled before they reach the trial stage. This is particularly common in medical malpractice cases because the costs of a trial can be very expensive. Once the facts are established, you can negotiate a settlement with the insurance company that covers the doctor. If a settlement isn't reached, your case could be heard in court.

Trial

Your lawyer will file a complaint after an initial investigation. If they find that you have a solid case of malpractice, then they will file it. The complaint will be clear in its allegations and must be served on the defendant along with a summons.

The next step is discovery. This includes the exchange of medical records as well as depositions of witnesses. Your lawyer will make use of these statements to prove your doctor's breach of standard of care. The objective is to prove that the error was the result of the doctor's negligence, and resulted in damages.

In addition to the witness statement Alongside the statement of the witness, your medical malpractice attorney will also work with two or three expert witnesses to prove your claim. These experts will be provided medical records and all the details regarding your case in order to prepare for their testimony and deposition. They may also help in the preparation of your case for trial.

As part of the trial preparation your attorney will begin negotiations for settlement with the defense. The process can take several years. During this time, it is important that you are recovering from your injuries and determining the extent of your damages. It's in everyone's best interest to settle out of court and avoid litigation whenever feasible. Your lawyer will carefully consider the merits of any settlement proposal with your current and potential recovery. If the settlement is reasonable, then your attorney will convince you to accept it.

Damages

During the process of discovery, plaintiffs must show that their losses were significant and that the negligence of the defendant caused the damages. If, for example, the doctor did not inform the patient of the 30 percent possibility that the procedure might result in the loss of a limb, and the surgery was perfect, but the patient lost a limb in the process, then the medical professional could be held liable for malpractice.

A victim may also show that a competent lawyer could have prevented or minimized their financial loss. It is sometimes referred to the "but for test". In addition, it is required to prove that the plaintiff was liable for costs in pursuit of a successful legal claim that are over the amount sought for compensation.

Our medical malpractice lawyers are able to explain the different types of damages that could be sustained in a malpractice lawsuit including past, present and future medical expenses and lost income, as well as suffering and pain and suffering, and other economic and non-economic losses. In general, the more serious the injury, the higher the amount of compensation. A successful verdict may be challenged by an appeal. Settlements that are not in court may be beneficial for certain clients. It will reduce time and cost in litigation costs, aswell being able to avoid the potential risk of having a jury judge a case based on the basis of emotions rather than fact.