How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits can be a little complicated. There are specific guidelines to follow, including a deadline within which the lawsuit may be filed.

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

Complaint

Your attorney will submit a court complaint as well as summons after he has discovered evidence of malpractice. The complaint will name the defendants and describe the allegations you have made against them.

Malpractice claims are founded on the premise that nurses, doctors or malpractice lawyers other healthcare providers are obligated to a patient the highest standard of care. This is defined as the amount of expertise and prudence that a reasonable medical professional with the same training could exercise in similar situations. Your legal team has to prove that your doctor violated this standard and caused you to suffer quantifiable damages.

It isn't easy to prove that a doctor's standards are comparable to another doctor's. This is why it is essential to select a law firm that has access to expert witnesses who can provide testimony about the medical field and what a reasonable professional in your doctor's situation would have done.

It's not just physicians who commit medical mistakes; hospital staff members, such as nurses and anesthesiologists, also can commit malpractice. This is especially true for emergency room staff, as mistakes are often made due to a crowded environment and overworked employees. Your lawyer may be able to get an expert witness from the emergency room staff who can provide evidence of what should have happened and the reason why your doctor failed to meet this standard.

Discovery

During the discovery stage the attorney will gather and review evidence that may support a malpractice case. This includes medical documents, witness statements expert testimony and more. The legal team on the other side will also have the opportunity to request these documents from you and your attorney. This is done by interrogatories or requests for documents. Certain materials may be privileged and secret due to privacy laws, for instance HIPAA's Privacy Rule.

You must also prove that your injury was caused by the negligence of the doctor. This is the most difficult aspect of a medical malpractice claim because it requires expert witness testimony to support your claim.

Your lawyer will also interview witnesses who can prove the doctor's negligent actions. This could include radiologists dentists as well as nurses, assistants and other personnel who were involved in the treatment of your health. Your lawyer is skilled in taking effective and convincing depositions to get these witnesses to admit that the doctor was negligent.

Most lawsuits are settled before going to trial. This is particularly common for medical malpractice cases, since the cost of a trial can be very high. Once the facts are established, you can negotiate an agreement with the insurer of the doctor. If a settlement cannot be reached the case will go to trial.

Trial

When your lawyer has completed the initial investigation and determines you have a strong malpractice case they will file the complaint. It will state clearly your allegations and will be served to the defendant with a summons.

The next step is discovery. This involves the exchange of medical records and depositions of witnesses. Your lawyer will make use of these documents to prove your doctor's breach of standard of care. The objective is to prove that the error resulted of the doctor's negligence and resulted in damages.

Your medical malpractice attorneys lawyer will also collaborate with one or more expert witnesses to back your claim. They will be provided with medical records and details regarding your case, to prepare for their depositions and testimony. They can also assist in making your case ready for trial.

Your attorney will start discussions on settlement with the defense during the trial preparation. This process continues throughout the course of the trial and can sometimes last for many years. During this time period, you are recovering from your injuries and Malpractice Lawyers determining the extent of your injuries. It's in everyone's interest to settle out of court whenever possible. Your attorney will carefully weigh the merits of a settlement against your current and future recovery. If the settlement proposal is reasonable then your lawyer will advise you to accept it.

Damages

During the discovery process, plaintiffs must show that their losses were significant and that the negligence of the defendant contributed to those damages. For instance, if the doctor failed to inform the patient that the procedure carried a 30 percent chance of losing a limb. Moreover, if the procedure was done correctly but the patient lost their arm or limb, the doctor could be held accountable for malpractice.

In order to be able to file a valid malpractice lawsuit, the person who is suing must prove that a competent attorney would have been able to stop their financial loss or at the very least, reduce its size. This is commonly referred to as the "but for" test. It is also essential to prove that the plaintiff's expenses in pursuit of a successful legal claim which are in excess of the amount of compensation sought.

Our medical malpractice lawyers are able to provide a detailed explanation of the various types of damages that could be sustained in a malpractice lawsuit including the past, present and future medical expenses as well as lost income, suffering and other non-economic losses. In general, the more serious the injury, the higher the amount of compensation. However, a decision that is successful can sometimes be overturned in appeal. Therefore, settling out of court could be an advantageous option for some clients. It could save money and time on litigation costs. It also reduces the risk of having a jury making a decision based on emotion rather than fact.