How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits can be a little complicated. There are specific guidelines that must be met with a specific time frame during which the suit can be filed.

The claimant must also demonstrate that the actions of the doctor caused injuries and losses. This will require hospital and medical documents.

Complaint

If your attorney's probe has uncovered evidence that malpractice has occurred, he or she will file a complaint with the court, along with a summons. The complaint will identify the defendants in the case and outlines the allegations you're making against them.

malpractice law firm claims are based upon the belief that nurses, doctors and other healthcare professionals owe patients the same level of care. This standard is the level of competence and prudence that reasonable doctors who has similar training would apply in similar situations. Your legal team will have to show that your doctor did not meet this standard that resulted in injuries due to which you sustained quantifiable damages.

A doctor's standard of care is usually an issue of opinion and is often difficult to prove. This is why it is important to work with a legal firm with access to experts who can testify on the medical field and what a reasonable professional in your situation would have done.

It's not just doctors who make mistakes, but so can hospital staff, such as nurses and anesthesiologists. This is especially true for emergency room staff, as mistakes are often made due to the crazed atmosphere and overworked staff. Your attorney may be in a position to obtain expert testimony from emergency room staff who can demonstrate what should have happened and the reason why your doctor failed to meet this standard.

Discovery

During the discovery stage, your attorney will collect and analyze evidence that could be used to support a malpractice claim. This includes medical records and witness statements, as also expert testimony. The information could also be requested by the opposing legal team. This is usually done through interrogatories and requests for production of documents. Certain materials may be privileged and secret due to privacy laws, like HIPAA's Privacy Rule.

You must also prove your injury was caused by the negligence of the doctor. This is the most difficult part of a medical malpractice case since it requires expert witness testimony that proves your claim.

Your lawyer will also depose witnesses who can demonstrate the doctor's negligent actions. This could include radiologists dentists, nurses, assistants and other personnel who were involved in the treatment of your health. Your lawyer will be proficient at taking strong and effective depositions to convince these witnesses to admit that the doctor was negligent.

Most lawsuits are resolved, or settled, before they get to the trial stage. In the case of medical malpractice it is a common practice due to the fact that going to trial can be quite expensive. Once the facts of your case have been established, a settlement could be discussed between you and your insurance company for the doctor. If a settlement cannot be reached, the case may go to trial.

Trial

Once your attorney has completed the initial investigation and concludes that you have a strong malpractice case they will file the complaint. The complaint will clearly state your allegations and will be served on the defendant along with a summons.

The next step is discovery. The next phase is discovery. This includes depositions and exchange of witnesses. Your lawyer will use these documents to prove the doctor's breach of standard of care. The objective is to prove that the error was the result of the negligence of the doctor, and resulted in damages.

In addition to the witness statement, your medical malpractice attorney will also work with a couple of experts to support your claim. These experts will receive medical records as well as detailed information about your case to prepare for their deposition and testify. They may also assist in preparing your case for trial.

Your lawyer will initiate discussions on settlement with the defense as part of the trial preparation. This process continues throughout the case and may last for years. During this time, it is important that you are recovering from your injuries and determining the magnitude of your injuries. If possible, it's the best option for everyone to avoid litigation and settle outside of court. Your attorney will carefully compare the merits of any settlement proposal with your current and future recovery. If the settlement offers are reasonable, your lawyer will encourage 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 caused those damages. For instance, if the doctor did not inform the patient of the 30% possibility that the procedure might result in the loss of limb, and the surgery was flawless, but the patient lost an arm, then the medical professional could be held liable for negligence.

A victim can also prove that a skilled lawyer could have prevented or reduced their financial loss. This is sometimes called the "but for test". It is also essential to show that the plaintiff incurred costs in the pursuit of a successful legal claim that is more than the amount sought in compensation.

Our medical malpractice lawyer lawyers are able to provide a detailed explanation of the various types of damages sustained in a malpractice lawsuit including the past, present and future medical expenses as well as lost income, suffering and other economic and non-economic losses. In general, the more severe the injury, higher the amount of compensation. However, malpractice lawsuit a ruling that is successful may be rescinded on appeal. So, settling outside of court can be a beneficial option for some clients. It will save money and time on court costs. It also avoids the risk of having a jury ruling on a case based upon emotions rather than facts.