How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits can be a bit complicated. There are specific guidelines to be followed including a time limit during which the suit can be filed.

In addition to proving negligence, the claimant must also prove that the doctor's actions led to injuries and losses. This will require medical and hospital documents.

Complaint

When your attorney's inquiry has found evidence that fraud occurred, the attorney will file a complaint with the court along with summons. The complaint will identify the defendants in your case and outlines the allegations that you are making against them.

Malpractice claims are founded on the premise that nurses, doctors or other healthcare providers owe a patient an appropriate level of care. This is defined as the level of care and skill that a reasonably prudent medical professional with the same training would exercise in similar circumstances. Your legal team will have to show that your doctor violated this standard and caused injuries to which you sustained damages quantifiable.

It can be challenging to prove that a physician's standards are comparable to another doctor's. This is why it's important to work with a legal firm with access to experts who can testify about the medical field and what a reasonable professional in your doctor's position would have done.

It's not only doctors who commit medical errors, hospital personnel, including nurses and Malpractice attorney anesthesiologists may be guilty of malpractice. This is particularly applicable to emergency room staff where mistakes are usually caused by a hectic environment and overworked staff. Your attorney may be able to obtain testimony from experts in the emergency room that can assist in proving the correct procedure and how the actions of your doctor did not meet the standards.

Discovery

In the discovery phase during the discovery phase, your lawyer will gather and examine evidence that could support a malpractice case. This could include medical records, witness statements as in addition to expert testimony. The other side's legal team will also have the option to request the information from you and your attorney. This is typically done through interrogatories and requests for production of documents. However, certain documents may be classified as confidential or privy due to privacy laws such as HIPAA and its Privacy Rule.

You must also prove your injury was caused by the negligent doctor. This is the most challenging part of a malpractice claim because it requires expert witness testimony that proves your claim.

Your lawyer will also interview witnesses who can prove the doctor's negligent actions. This can include assistants, nurses, radiologists, dentists and others who were involved in your care. Your lawyer will be adept in preparing powerful and effective depositions to get these witnesses to admit that the doctor was negligent.

Most lawsuits are settled prior to trial. This is particularly true in medical malpractice cases because the cost of trial can be expensive. Once the facts of your case have been established, a settlement can be discussed between you and your insurer of your doctor. If a settlement isn't attainable the case will go to trial.

Trial

Your attorney will file a lawsuit after an initial investigation. If they conclude that you have a strong case of malpractice, they will file it. This will clearly outline the allegations and be sent to the defendant along with a summons.

The next phase is discovery. The next step involves discovery. This includes depositions and exchange of witnesses. Your lawyer will use these statements to prove your doctor's violation of the standard of care. The aim is to prove that the error resulted of negligence by the doctor and caused damage.

In addition to the witness statement Alongside the statement of the witness, your medical malpractice attorney will work with a couple of expert witnesses to prove your claim. These experts will be given medical records and detailed information regarding your case in order to prepare for their testimony and deposition. They can also assist in preparing your case for trial.

As part of the trial preparation the attorney will initiate settlement negotiations with the defense. The process can take several years. In this time, it is likely that you will be recovering from your injuries and determining the size and amount of your damages. When you can, it's in everyone’s best interest to avoid litigation and settle out of court. Your attorney will carefully evaluate the advantages of a settlement offer against your present and long-term recovery. If the settlement offer is reasonable, then your lawyer will encourage to accept it.

Damages

During the discovery phase, plaintiffs will be required to prove that their losses are substantial and that negligence on the part of the defendant contributed to these losses. For instance, if a doctor did not inform the patient that the surgery carried a 30 percent chance of losing a limb. If the procedure was done correctly but the patient lost their arm and the medical professional could be liable for malpractice.

A victim could also prove that a competent lawyer could have prevented or minimized the financial loss. This is often referred to as the "but for test". It is also essential to prove that the plaintiff incurred costs in pursuit a successful legal claim, that is more than the amount sought in compensation.

Our medical malpractice attorneys can explain the various kinds of damages that could be granted in a malpractice case, including past, current and future medical expenses as along with lost income or income, pain and discomfort and other non-economic losses. The greater the amount of money awarded the more serious the damage. However, a successful verdict could be reversed on appeal. Therefore, settling the case outside of court could be a beneficial alternative for some clients. It will save money and time on court costs. It also helps avoid the risk of a juror making a decision based on emotions rather than facts.