How to File a Medical Malpractice Lawsuit

Medical malpractice law firm suits are complicated. There are certain rules that must be followed including a time limit within which the suit could be filed.

The claimant also has to prove that the doctor's actions resulted in injuries and losses. This will require medical and hospital documents.

Complaint

Your attorney will file a court complaint and summons if he or she has found evidence of misconduct. The complaint identifies the defendants in your case and clearly states the allegations you are making against them.

Malpractice claims are founded on the notion that doctors, lawsuits nurses or other healthcare providers are obligated to a patient the same level of care. This standard is defined as the degree of care and skill that a reasonable medical professional with the same training could exercise in similar situations. Your legal team must prove that your doctor violated this standard and resulted in you suffering quantifiable injury.

It isn't easy to prove that a doctor's standards are comparable to another doctor's. This is why it is important to hire a law firm with access to experts who can testify about the medical field and what a reasonable professional in your situation would have done.

Not only doctors can make mistakes, but also hospital personnel, such as anesthesiologists and nurses. This is particularly true of emergency room staff, as errors are usually due to a hectic atmosphere and overworked workers. Your lawyer could be able to secure an expert witness from the emergency room personnel who can explain what could have been done differently and how your doctor failed to fulfill this standard.

Discovery

During the discovery process during the discovery phase, your attorney will collect and look over evidence that could be used to provide evidence to support a claim for malpractice. This could include medical records, witness statements, as and expert testimony. The legal team representing the other side may also be able to obtain this information from you and your attorney. This is done through interrogatories or requests for documents. However, certain documents may be classified as confidential or privileged because of privacy laws such as HIPAA and its Privacy Rule.

It is also necessary to prove that your injury was the result of a negligence of the doctor. This is the most difficult part of a medical negligence case because it requires an expert testimony to support your claim.

Your lawyer will also call witnesses who can prove that the doctor was negligent. This could include radiologists dentists as well as nurses, assistants and others who were involved in the care of your health. Your lawyer will be proficient in taking effective and convincing depositions in order to convince these witnesses to admit that the doctor's negligence was a factor.

Most lawsuits are settled before they go to trial. This is especially common in medical malpractice cases as the costs of 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 is not agreed upon, your case will go to trial.

Trial

Your lawyer will file a formal complaint after an initial investigation. If they find that you have a solid case of malpractice, they will file it. The complaint will clearly state the allegations and will be given to the defendant in the summons.

The next stage is discovery. The next step involves discovery. This includes the exchange and deposition of witnesses. The lawyer will use the evidence to show that your doctor did not follow the standard of care. The aim is to demonstrate that the error was the result of the negligence of the doctor and caused damages.

Your medical malpractice lawyer will also work with one or more expert witnesses to prove your claim. These experts will receive medical records as well as detailed information regarding your case in order to prepare for their testimony and deposition. They may also aid in the preparation of your case for trial.

Your attorney will start settlement discussions with the defense as part of the preparation for trial. This process could last for several years. During this time, you are recovering from your injuries and determining the extent of your injuries. It is in everyone's best interests to settle outside of the courtroom and avoid litigation whenever it is possible. Your attorney will carefully compare the merits of any settlement proposal with your current and future settlement. If the settlement seems reasonable your lawyer will convince you to accept it.

Damages

During the process of discovery Plaintiffs must demonstrate that their losses were substantial and that the negligence of the defendant contributed to those damages. If, for instance, the doctor failed to inform the patient of the 30 percent possibility that the procedure might result in the loss of a leg, and the procedure was perfect, but the patient lost a limb, then the medical professional could be held liable for malpractice.

A victim can also prove that a competent lawyer could have prevented or minimized the financial loss. This is commonly referred as the "but for" test. It is also important to show that the plaintiff has incurred expenses to pursue a legal claim which are in excess of the amount of compensation sought.

Our medical malpractice lawyers are able to explain the various types of damages that could be caused by 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. The higher the amount is, the more serious injury. However, a successful verdict is sometimes overturned on appeal. Therefore, settling the case outside of court could be an advantageous option for certain clients. It can reduce time and cost in costs for litigation, as well being able to avoid the potential risk of having a jury decide cases on the basis of emotion instead of facts.