How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits are a bit more complicated. There are certain guidelines to follow, including the time frame within which a lawsuit can 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

After your attorney's investigation has revealed evidence that a malpractice law firm occurred, he or she will file a complaint with the court along with summons. The complaint will name the defendants and describe the allegations you make against them.

Malpractice claims are based upon the belief that nurses, doctors, or other healthcare professionals owe patients the same level of care. This is the level of expertise and prudence the reasonably prudent doctor who has similar training would apply in similar situations. Your legal team must to prove that your doctor breached this standard which resulted in injuries from which you sustained quantifiable damages.

It can be a challenge to prove that a physician's standards are the same as another doctor's. It is crucial to employ an attorney who has access to experts in the medical field to provide evidence of what a reasonable doctor would have done.

It's not just doctors who make mistakes in their medical practice; hospital staff members, such as nurses and anesthesiologists, malpractice lawyer also may be guilty of malpractice. This is particularly applicable to emergency room staff where mistakes are frequently caused by a hectic environment and overworked employees. Your lawyer may be able to get testimony from experts in the emergency department who can explain the correct procedure and how your doctor's actions did not meet this standard.

Discovery

During the discovery process during the discovery phase, your attorney will collect and examine evidence that may prove a malpractice claim. This includes medical records and witness statements, as well as expert testimony. The information may also be requested by the legal team opposing the case. This is typically done via interrogatories and requests for production of documents. Certain documents could 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 doctor's negligence. This is the most difficult part of a case involving medical negligence, as it requires expert testimony to back your claim.

Your lawyer will also depose any witnesses that can support that the doctor's actions were negligent. This can include assistants, nurses, radiologists, dentists and other personnel who were involved in your care. Your lawyer is skilled in preparing powerful and effective depositions to convince these witnesses to admit that the doctor's negligence was not their fault.

Most lawsuits are resolved, or settled, prior to reaching the trial stage. In cases involving medical malpractice this is the most common since the cost of going to trial can be expensive. After the facts of your case are established, a settlement may be discussed between you and your doctor's insurance company. If a settlement is not agreed upon, your case will be heard in court.

Trial

Your attorney will file a complaint after an initial investigation. If they determine that you have a compelling case of malpractice, then they will file the complaint. The complaint will clearly state the allegations and must be delivered to the defendant along with the summons.

Discovery is the next stage. The next phase is discovery. This includes the exchange and deposition of witnesses. Your lawyer will use these statements to prove that the doctor violated the standard of care. The goal is to show that the error was the result of the negligence of your doctor, and resulted in damages.

In addition to the witness statement Your medical malpractice lawyer will work with one or two expert witnesses to prove your claim. These experts will receive medical records and detailed information about your case in preparation for their deposition and testimony. They can also assist in preparing your case for trial.

As part of the trial preparation, your attorney will begin settlement negotiations with the defense. This process could last for many years. During this time, you are recovering from your injuries and determining how much of your losses. It's in everyone's interest to settle outside of court whenever it is possible. Your attorney will carefully assess the merits of any settlement with your current and potential recovery. If the settlement is fair your lawyer will advise 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 was a factor in the damages. For example, if the doctor failed to inform the patient that the procedure had a 30% chance of losing a limb and the surgery was performed perfectly but the patient lost their arm and the medical professional could be held liable for malpractice.

To have a viable malpractice lawsuit, the person who is suing must also prove that a competent lawyer could have been able to reduce their financial loss, or at the very least, reduce the size. This is sometimes referred to the "but for test". In addition, it is essential to prove that the plaintiff incurred costs to pursue a successful legal claim which are more than the amount sought as compensation.

Our medical malpractice lawyers are able to explain the various types of damages that may be sustained in a malpractice lawsuit including past, present and future medical expenses, lost income, suffering and pain and suffering, and other non-economic losses. The higher the award the more serious the damage. A ruling that is deemed to be successful can be overturned by an appeal. Settlements outside of court can be beneficial to some clients. It will reduce time and cost in costs for litigation, as well being able to avoid the potential risk of having a jury judge a case based on the basis of emotion rather than fact.