How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits are complex. There are specific guidelines to be followed including a specified time period within which the suit could be filed.

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

Complaint

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

Malpractice claims are founded on the premise that nurses, doctors and other healthcare providers are obligated to a patient the highest standard of care. This is the standard of skill and caution the reasonably prudent doctor with similar training would employ in similar circumstances. Your legal team must show that your doctor did not adhere to this standard and caused you to suffer quantifiable harm.

It isn't easy to prove that a physician's standards are comparable to another doctor's. This is why it's important to work with a legal firm that has access to experts who can give testimony on the medical field and what a reasonable professional in the same situation as your doctor would have done.

It's not just physicians who make mistakes in their medical practice; hospital personnel, including nurses and anesthesiologists, also may be guilty of malpractice. This is particularly true for emergency room personnel, where errors are usually due to a chaotic environment and overworked employees. Your attorney might be able to obtain testimony from experts in the emergency department who can explain what could have been done and why your doctor's actions fell short of this standard.

Discovery

During the discovery stage your lawyer will collect and analyze evidence that could be used to support a malpractice claim. This includes medical documents, witness statements expert testimony, and more. The information may also be requested by the opposing legal team. This usually happens through interrogatories and requests for the production of documents. However, certain materials may be privileged or confidential because of privacy laws, such as HIPAA and its Privacy Rule.

It is also necessary to prove that your injury was caused by the negligent doctor. This is the most difficult aspect of a case involving medical negligence as it requires an expert testimony to back your claim.

Your lawyer will also call witnesses who can prove the doctor's negligent actions. This could include nurses, assistants, radiologists, dentists and others who were involved in your care. Your attorney will know how to take powerful and effective depositions in order to get these witnesses acknowledge that the doctor was negligent.

The majority of lawsuits are settled before they reach trial. This is particularly true for medical malpractice cases, since the costs associated with trial can be expensive. Once the facts of your case have been established, a settlement could be reached between you and the insurance company for the doctor. If a settlement cannot be reached the case will go to trial.

Trial

Your attorney will file a complaint following having completed the initial investigation. If they conclude that you have a strong case of malpractice, they will file the complaint. The complaint will be clear in its allegations and must be handed to the defendant with the summons.

The next phase involves discovery. This involves the exchange of medical records and depositions of witnesses. The lawyer will use the evidence to show that your doctor acted in violation of the standard of care. The objective is to prove that the error was caused by the negligence of the doctor, and caused damages.

Aside from the witness statement Your medical malpractice lawyer will also work with a couple of expert witnesses to back up your claim. These experts will receive medical records as well as detailed information regarding your case to prepare for their depositions and testimony. They can also assist in making your case ready for trial.

As part of the trial preparation, your attorney will begin settlement negotiations with the defense. The process can take several years. During this period, you'll be recovering from your injuries and 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 lawyer will carefully evaluate the merits of any settlement offer against your current and future settlement. If the settlement offers are reasonable your lawyer will advise you to accept it.

Damages

During the process of discovery, plaintiffs must show that their losses were significant and that the negligence of the defendant contributed to those damages. For instance, if the doctor did not inform the patient that a surgical procedure was associated with a 30 percent chance of losing a limb. If the procedure was done correctly but the patient lost their arm and the medical professional could be liable for malpractice lawyer malpractice.

A victim could also prove that a skilled lawyer could have prevented or mitigated the financial loss. This is often referred to as the "but for" test. It is also important to show that the plaintiff has incurred expenses in the pursuit of a successful legal claim, that is more than the amount sought in compensation.

Our medical malpractice law firms lawyers can provide a detailed explanation of the various types of damages that may be suffered in a malpractice lawsuit including future, present and past medical expenses, lost income, suffering and other non-economic losses. The higher the amount the more serious the injury. However, a successful verdict is sometimes overturned on appeal. Therefore, settling out of court could be a good option for a few clients. It will save money and time on court costs. It also helps avoid the possibility of a jury making a decision based on emotions rather than facts.