How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits are a complex matter. There are specific guidelines to follow, including the time frame within which a lawsuit can be filed.

In addition to proving negligence, the claimant must also prove that the doctor's actions resulted in injuries and losses. This will require medical and hospital documents.

Complaint

Your attorney will make a court complaint and summons if he or she has discovered evidence of negligence. The complaint will identify the defendants in your case and clearly states the allegations you're making against them.

Malpractice claims are based on the notion that nurses, doctors or other healthcare providers are obligated to a patient an appropriate level of care. This is the amount of skill and caution the reasonably prudent doctor who has similar training would apply in similar situations. Your legal team must prove that your doctor did not adhere to this standard and caused you to suffer damages.

It isn't easy to prove that a doctor's standards are the same as another doctor's. This is why it's essential to select a law firm with access to experts who can testify on the medical field and what an experienced professional in your doctor's situation would have done.

Not only doctors can make mistakes, but so do hospital personnel, such as anesthesiologists and nurses. This is particularly true for emergency room staff, as errors are usually due to the crazed atmosphere and overworked staff. Your attorney may be able to get an expert opinion from the emergency room personnel who can explain what should have happened and how your doctor failed to fulfill this standard.

Discovery

During the discovery phase your lawyer will gather and look over evidence that could be used to be used to support a malpractice claim. This includes medical records and witness statements as also expert testimony. The information may be requested by the legal team opposing the case. This is done by interrogatories or requests for documents. However, certain documents may be classified as confidential or privileged because of privacy laws, such as HIPAA and its 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 negligence case because it requires an expert evidence to support your claim.

Your lawyer will also call any witnesses that can prove the doctor's negligent actions. This could include nurses, assistants, radiologists, dentists and other personnel who were involved in your treatment. Your attorney will be skilled at taking strong and effective depositions to get these witnesses to admit that the doctor's negligence was a factor.

Most lawsuits are resolved, lawsuit or settled before they reach the trial stage. This is especially common for medical malpractice cases, since the costs involved in trial can be expensive. After the facts of your case are established, a settlement can be agreed upon between you and the doctor's insurance company. If a settlement isn't reached, your case may go to trial.

Trial

After your attorney completes the initial investigation and decides you have a solid malpractice case, they will file the complaint. It will state clearly your allegations and will be served on the defendant along with a summons.

Discovery is the next stage. The next step involves discovery. This includes the exchange and depositions of witnesses. Your lawyer will make use of these evidences to prove your doctor's breach of standard of care. The aim is to prove that the error resulted from the negligence of the doctor that resulted in damages.

Your medical malpractice attorney lawyer will also collaborate with one or more expert witnesses in support of your claim. They will be provided with medical records and all the details regarding your case in order to prepare for their deposition and testimony. They may also aid in the preparation of your case for trial.

As part of the preparation for trial the attorney will initiate settlement negotiations with the defense. This process can go on for many years. In this time, it is likely that you will be recovering from your injuries and determining the magnitude and value of your damages. It is in everyone's best interests to settle outside of the court and avoid litigation as often as possible. Your attorney will carefully weigh the merits of a settlement offer against your present and long-term recovery. If the settlement seems reasonable your lawyer will advise you to accept it.

Damages

During the discovery process Plaintiffs must demonstrate that their losses were significant and that the negligence of the defendant was a factor in those damages. For instance, if the doctor failed to inform the patient that the surgery was associated with a 30 percent chance of losing a limb and the procedure was done correctly but the patient lost their arm in the process, the medical professional could be liable for malpractice.

In order to have a legitimate malpractice lawsuit, the victim must also prove that a competent lawyer would have been able to prevent their financial loss or at a minimum, lessen the size. This is sometimes called the "but for test". In addition, it is necessary to demonstrate that the plaintiff has incurred expenses in the pursuit of a legal claim which are over the amount sought as compensation.

Our medical malpractice attorneys can explain the various kinds of damages that could be given in a malpractice lawsuit which include past, present and future medical expenses as also lost income as well as pain and discomfort and other economic or non-economic loss. The higher the award is, the more serious injury. A successful verdict may be rescinded by appeal. Settlements outside of court may be beneficial for certain clients. It can save money and time on court costs. It also reduces the risk of a juror ruling on a case based upon emotion instead of fact.