How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits can be a bit complicated. There are certain 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 resulted in injuries and losses. This will require medical and hospital records.

Complaint

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

Malpractice claims are founded on the premise that doctors, nurses or other healthcare providers are obligated to a patient a certain standard of care. This standard is defined as the amount of expertise and prudence that a reasonable medical professional with similar training would exercise in similar circumstances. Your legal team will have to prove that your doctor violated this standard and caused injuries to which you sustained damages quantifiable.

The standard of care for a doctor is often a matter of opinion and is difficult to prove. This is why it is essential to select a law firm with access to experts who can testify on the medical field and what reasonable professionals in the same situation as your doctor would have done.

It's not just physicians who commit medical errors, hospital staff members, like nurses and malpractice lawsuit anesthesiologists, also may be guilty of malpractice. This is particularly applicable to emergency room staff where mistakes are usually made due to a busy environment and overworked employees. Your attorney may be in a position to get expert testimony from emergency room staff who can provide evidence of what should have happened and how your doctor failed to meet the standards.

Discovery

During the discovery phase, your attorney will collect and review evidence that may be used to support a malpractice claim. This includes medical records, witness statements, as and expert testimony. The information may also be requested by the legal team opposing the case. This is done through interrogatories or requests for documents. Certain materials could be protected and private due to privacy laws, such as HIPAA's Privacy Rule.

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

Your lawyer will also call witnesses who can prove that the doctor's actions were negligent. This can include nurses, assistants radiologists, dentists, and malpractice lawsuit other personnel who were involved in your treatment. Your attorney will be skilled in preparing strong and persuasive depositions to convince these witnesses to admit that the doctor was negligent.

Most lawsuits are settled prior to trial. In cases involving medical malpractice this is the most common due to the fact that going to trial can be quite expensive. Once the facts are established, you can negotiate a settlement with the doctor's insurer. If a settlement isn't attainable your case will go to trial.

Trial

After your attorney has completed the initial investigation and concludes that you have an excellent malpractice case, they will file the complaint. This will clearly state your allegations and must be served to the defendant with a summons.

The next step is discovery. This includes the exchange of medical records as well as depositions of witnesses. Your lawyer will make use of these evidences 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 your doctor, and resulted in damages.

Your medical malpractice lawyer will also work with one or more expert witnesses in support of your claim. These experts will be given medical records and all the details regarding your case in order to prepare 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 can last for many years. During this period, you'll be recovering from your injuries while determining the amount and value of your losses. When possible, it's the best option for everyone to avoid litigation and settle out of court. Your attorney will carefully assess the merits of any settlement proposal with your current and future settlement. If the settlement is reasonable then your attorney will convince you to accept it.

Damages

During the process of discovery the plaintiffs must prove that their losses were substantial and that the negligence of the defendant was a factor in those damages. If, for instance, the doctor failed to inform the patient of the 30 percent risk that the procedure would result in the loss of a leg, and the surgery was perfect, but the patient lost a limb or limb, the doctor could be held responsible for malpractice.

A victim may also show that a competent lawyer could have prevented or minimized the financial loss. This is sometimes called the "but for test". In addition, it is necessary to demonstrate that the plaintiff incurred costs to pursue a legal claim that is over the amount sought as compensation.

Our medical malpractice lawyers can explain the various kinds of damages given in a malpractice lawsuit which include past, present and future medical expenses, as in addition to lost income as well as pain and discomfort and other non-economic loss. In general, the more severe the injury, the greater the award. However, a successful verdict may be rescinded when appealed. So, settling outside of court can be an advantageous option for some clients. It can reduce time and cost in court costs, as well as avoid the potential risk of having a jury judge cases on the basis of emotions instead of facts.