How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits are complex. There are specific guidelines to be followed, which include the time frame within which a lawsuit can be filed.

The claimant must also prove that the doctor's actions caused injuries and losses. This will require hospital and medical documents.

Complaint

When your attorney's inquiry has found evidence that fraud has occurred, he or she will file a complaint in court, along with a summons. The complaint will identify the defendants and state the allegations against them.

Malpractice claims are based on the belief that a physician or healthcare provider owes the patient a standard of treatment. This standard is defined as the degree of expertise and prudence that a reasonably prudent medical professional who has similar training would exhibit in similar situations. Your legal team has to show that your doctor breached this standard which resulted in injuries from which you sustained damages quantifiable.

A doctor's standard of care is often a matter of opinion, and it is difficult to prove. It is crucial to employ an attorney who has access to experts in the medical field to provide proof of what a professional of reasonable standards would have done.

It's not only doctors who commit medical mistakes; hospital staff members, such as nurses and anesthesiologists, also can be liable for malpractice. This is especially true for emergency room staff where mistakes are caused by a busy environment and overworked staff. Your attorney may be able to secure testimony from experts in the emergency department who can provide evidence of the correct procedure and how the actions of your doctor fell short of this standard.

Discovery

During the discovery stage during the discovery phase, your lawyer will gather and malpractice lawsuit review evidence that may help in proving a chesapeake malpractice attorney case. This includes medical records and witness statements, as in addition to expert testimony. The legal team on the other side will also have the option to request these documents from you and your attorney. This is done by interrogatories or requests for documents. Certain materials may be privileged and confidential because of privacy laws, like HIPAA's Privacy Rule.

It is also necessary to prove that your injury was the result of a medical professional's negligence. This is the most difficult part of a medical malpractice case since it requires expert witness testimony that supports your claim.

Your lawyer will also interview witnesses that can prove that the doctor was negligent. This could include assistants, nurses, radiologists, dentists and others who were involved in your care. Your lawyer is skilled in preparing strong and persuasive depositions to convince these witnesses to admit that the doctor's negligence was a factor.

Most lawsuits are settled before they reach trial. This is particularly true in medical malpractice cases because the costs involved in a trial can be extremely high. Once the facts are established, you can negotiate a settlement with the doctor's insurer. If a settlement isn't possible the case will proceed to trial.

Trial

Your attorney will file a formal complaint after having completed the initial investigation. If they conclude that you have a convincing case for malpractice, they will file the complaint. It will state clearly your claims and will be served to the defendant with a summons.

Discovery is the next phase. This involves the exchange of medical records and depositions from witnesses. Your lawyer will make use of these documents to prove your doctor's breach of the standard of care. The aim is to demonstrate that the error was the result of the negligence of the doctor and resulted in damages.

Your medical malpractice attorney will also work with one or more expert witnesses to back your claim. These experts will be provided medical records and detailed information regarding your case in order to prepare for their testimony and deposition. They may also help prepare your case for trial.

As part of the preparation for trial, your attorney will begin settlement negotiations with the defense. This process can go on for malpractice lawsuit many years. In this time, you'll be recovering from your injuries while determining the size and amount of your damages. It's in everyone's best interest to settle out of the courtroom and avoid litigation whenever possible. Your lawyer will carefully consider the merits of any settlement proposal with your current and future recoveries. If the settlement is reasonable your lawyer will convince you to accept it.

Damages

During the discovery phase, plaintiffs will need to show that their losses are significant and that the negligence of the defendant caused these damages. If, for example, the doctor failed to inform the patient of the 30% possibility that the procedure might result in the loss of arm, and the operation was flawless, but the patient lost a limb in the process, then the medical professional may be held accountable for malpractice.

To have a viable malpractice lawsuit, the person who is suing must also prove that a competent attorney could have been able to prevent their financial loss or at a minimum, lessen its size. This is commonly referred as the "but for" test. It is also important to show that the plaintiff has incurred costs in the pursuit of a successful legal claim, that is greater than the amount they seek in compensation.

Our medical malpractice lawyers can explain the different types of damages suffered in a malpractice lawsuit including the past, present and future medical expenses and lost income, as well as pain and suffering as well as other non-economic losses. In general, the more severe the injury, the more the award. However, a successful verdict can sometimes be overturned on appeal. Settlements outside of court may be beneficial for a few clients. It can reduce time and cost in litigation fees, as well being able to avoid the potential risk of having a jury judge a case based on the basis of emotions instead of fact.