How to File a Medical Malpractice Lawsuit

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

In addition to showing negligence, the claimant must also prove that the actions of the doctor caused injuries and losses. This will require medical and hospital documents.

Complaint

Your attorney will file a court complaint and summons when he/she has found evidence of malpractice law firm. The complaint names the defendants in the case and outlines the allegations that you are making against them.

Malpractice claims are founded on the idea that nurses, doctors, or other healthcare professionals owe patients the same level of care. This is the standard of expertise and prudence an appropriately prudent doctor with the same training would employ in similar circumstances. Your legal team must to show that your doctor breached this standard and caused injuries to which you sustained quantifiable damages.

The standard of care a physician provides is usually a matter of opinion, malpractice lawsuit and can be difficult to prove. This is why it is important to hire a law firm with access to expert witnesses who can testify about the medical field and what a reasonable professional in your situation would have done.

It's not just doctors who make mistakes, but also hospital staff, including nurses and anesthesiologists. This is particularly true of emergency room staff, whose mistakes are often attributed to a crowded environment and overworked employees. Your attorney may be able to obtain testimony from experts in the emergency room who can help demonstrate the proper procedure and how the actions of your doctor did not meet the standards.

Discovery

During the discovery process the attorney will collect and look over evidence that might provide evidence to support a claim for malpractice. This includes medical records, witness statements, as well as expert testimony. The other side's legal team may also be able to request this information from you and your attorney. This is typically done via interrogatories and requests for production of documents. Certain materials may be privileged and confidential due to privacy laws, like HIPAA's Privacy Rule.

You must also prove that your injury is due to the doctor's negligence. This is the most difficult part of a medical malpractice case as it requires expert witness testimony that supports your claim.

Your lawyer will also depose any witnesses that can support the negligence of the doctor. This could include nurses, assistants, radiologists, dentists and others who were involved in your care. Your lawyer is skilled in taking effective and convincing depositions to get these witnesses to admit that the doctor was negligent.

Most lawsuits are resolved, or settled, before they reach the trial stage. In the case of medical malpractice it is a common practice as the costs of going to trial can be expensive. Once the facts are established you can negotiate a settlement with the insurance company that covers the doctor. If a settlement cannot be agreed upon, your case will be heard in court.

Trial

Your attorney will file a lawsuit after an initial investigation. If they determine that you have a compelling case for malpractice, they will file it. This will clearly state your allegations and be served on the defendant along with a summons.

Discovery is the next stage. This involves the exchange of medical records and depositions of witnesses. Your lawyer will make use of these evidences to prove your doctor's violation of the standard of care. The aim is to demonstrate that the error was the result of the negligence of your doctor, and caused damage.

Aside from the witness statement In addition to the witness statement, your medical malpractice attorney will also work with one or two expert witnesses to support your claim. These experts will receive medical records and detailed information regarding your case to prepare for their deposition and testify. They can 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 can take several years. During this time period, you are recovering from your injuries and determining the extent of your damages. It is in everyone's best interests to settle your case outside of the courtroom and avoid litigation whenever feasible. Your lawyer will carefully weigh the merits of a settlement offer against your current and future recovery. If the settlement is reasonable the lawyer will advise you to accept it.

Damages

During the discovery process the plaintiffs must prove that their losses were significant and that the negligence of the defendant caused the damages. For example, if the doctor did not 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 in the process, then the medical professional may be held accountable for malpractice.

In order to be able to file a valid malpractice lawsuit, the victim must prove that a competent attorney would have been able to prevent their financial loss or at the very least, reduce the size. This is sometimes referred to as the "but for" test. It is also necessary to show that the plaintiff has incurred expenses in the pursuit of a successful legal claim, which is greater than the amount sought in compensation.

Our medical malpractice lawyers can explain the various types of damages that can be sustained in a malpractice lawsuit including past, present and future medical expenses as well as lost income, suffering and pain and suffering, and other non-economic losses. In general, the more serious the injury, the more the award. A decision that is found to be a success could be rescinded by appeal. Settlements outside of court may be beneficial to some clients. It can help save time and money on court costs, as well as avoiding the risk of having a jury decide a case on the basis of emotion rather than facts.