How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits are a bit more complicated. There are certain guidelines to be followed, which include a deadline within which the lawsuit may be filed.

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

Complaint

Once your attorney's investigation has uncovered evidence that malpractice has occurred, he or she will file a formal complaint in court and issue summons. The complaint will identify the defendants in the case and outlines the allegations you are making against them.

Malpractice claims are founded upon the belief that nurses, doctors and other healthcare professionals owe patients the same level of care. This standard is defined as the degree of skill and caution that a reasonable medical professional with similar training would apply in similar circumstances. Your legal team must demonstrate that your doctor did not adhere to this standard and caused you to suffer quantifiable injury.

It can be difficult to prove that a physician's standard is the same as 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 an experienced professional in your situation would have done.

Not only doctors can make mistakes, but so can hospital staff, including anesthesiologists and nurses. This is particularly true of emergency room staff, as mistakes are often made due to the crazed atmosphere and overworked employees. Your attorney might be able obtain evidence from experts in the emergency department who can explain the proper procedure and how the actions of your doctor did not meet this standard.

Discovery

During the discovery process your lawyer will gather and review evidence that could prove a malpractice claim. This includes medical records, witness statements, expert testimony, and more. This information can also be requested by the legal team opposing the case. This usually happens through interrogatories as well as requests for production of documents. Certain materials could be protected and confidential because of privacy laws, like HIPAA's Privacy Rule.

You must also prove your injury is due to the negligence of the doctor. This is the most challenging aspect of a medical malpractice case as 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 nurses, assistants radiologists, dentists, and others who were involved in your care. Your attorney will know how to conduct powerful and effective depositions so that these witnesses acknowledge that the doctor's negligence was a factor.

Most lawsuits are settled prior to trial. In cases involving medical malpractice this is the most common because the cost of going to trial can be quite expensive. Once the facts of your case are established, a settlement may be discussed between you and your insurance company for the doctor. If a settlement isn't reached, your case could go to trial.

Trial

Your lawyer will file a formal complaint after conducting the initial investigation. If they find that you have a strong case for malpractice, they will file the complaint. This will clearly state the allegations and must be delivered to the defendant in the summons.

Discovery is the next step. This includes the exchange of medical records and depositions of witnesses. Your lawyer will use the evidence to show that your doctor acted in violation of the standard of care. The goal is to establish that the error was the result of the negligence of the doctor, and caused damage.

Your medical malpractice attorney will also collaborate 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 deposition and testify. They may also assist in preparing your case for trial.

As part of the trial preparation the attorney will initiate settlement negotiations with the defense. This process can go on for several years. In this time, it is likely that you'll be recovering from your injuries and determining the amount and value of your losses. It's in everyone's best interest to settle outside of court whenever feasible. Your attorney will carefully assess the merits of any settlement with your current and future settlement. If the settlement offer seems reasonable, then your lawyer will advise you to accept it.

Damages

During the discovery process the plaintiffs must prove that their losses were substantial 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 procedure was carried out perfectly but the patient lost their arm, the medical professional may be held accountable for malpractice.

In order to be able to file a valid malpractice lawyers lawsuit, the victim must also prove that a competent lawyer could have helped reduce their financial loss, or Malpractice lawyers at least minimize its size. This is sometimes referred to as the "but for" test. In addition, it is important to show that the plaintiff incurred costs to pursue a legal claim that is in excess of the amount sought for compensation.

Our medical malpractice lawyers can provide a detailed explanation of the various types of damages attained in a malpractice case including future, present and past medical expenses and lost income, as well as pain and suffering and other non-economic losses. The greater the amount of money awarded is, the more serious injury. However, a ruling that is successful can sometimes be overturned upon appeal. Therefore, settling the case outside of court can be a beneficial option for certain clients. It will help save time and money on costs for litigation, as well as avoid the potential risk of having a jury decide a case on the basis of emotions instead of facts.