How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits are complex. There are certain guidelines to follow, such as the time frame within which a lawsuit can be filed.

In addition to the need to prove negligence, the plaintiff must show that the actions of the doctor resulted in injuries and losses. This will require medical and hospital records.

Complaint

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

Malpractice claims are based on the premise that nurses, doctors and other healthcare providers owe a patient a certain standard of care. This standard is defined as the level of skill and caution that a reasonable medical professional trained similarly would exhibit in similar situations. Your legal team will have to prove that your doctor did not meet this standard, resulting in injuries from which you suffered quantifiable damages.

It can be a challenge to prove that a physician's standards are the same as another doctor's. This is why it is important to work with a legal firm with access to experts who can testify about the medical field and what reasonable medical professionals in your doctor's position would have done.

Not only doctors can make mistakes, but so can hospital staff, such as anesthesiologists and nurses. This is particularly true of emergency room staff, whose mistakes are often made due to the crazed atmosphere and overworked employees. Your lawyer may be in a position to get expert testimony from emergency room personnel who can demonstrate the circumstances that led to the incident and how your doctor failed to meet the standards.

Discovery

During the discovery process your lawyer will gather and examine evidence that may provide evidence to support a claim for malpractice attorney. This includes medical documents, witness statements, expert testimony and more. These records can also be requested by the opposing legal team. This is done by interrogatories or requests for documents. However, certain materials may be confidential or protected due to privacy laws, such as HIPAA and its Privacy Rule.

You must also prove your injury is the result of the negligence of the doctor. This is the most challenging part of a malpractice claim because it requires expert witness testimony that supports your claim.

Your lawyer will also interview witnesses who can prove that the doctor was negligent. This can include nurses, assistants, radiologists, dentists and others who were involved in your care. Your lawyer will be proficient in taking effective and convincing depositions that force these witnesses to admit that the doctor's negligence was a factor.

Most lawsuits are resolved, or settled, prior to reaching the trial stage. In cases involving medical malpractice, this is especially common because the cost of going to trial can be quite expensive. Once the facts are established you can negotiate an agreement with the insurance company that covers the doctor. If a settlement cannot be agreed upon, your case will be heard in court.

Trial

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

Discovery is the next phase. The next stage involves discovery. This involves the exchange and deposition of witnesses. Your lawyer will use these statements to prove your doctor's violation of the standard of care. The objective is to prove that the error resulted of negligence on the part of the doctor and caused damages.

Your medical malpractice lawyer will also collaborate with one or more expert witnesses to back your claim. They will be provided with medical records and details about your case in preparation for their depositions and testimonies. They may also assist in preparing your case for trial.

Your lawyer will begin discussions on settlement with the defense as part of the trial preparation. This process continues throughout the case and can sometimes last for malpractice lawsuit years. During this time, you are recovering from your injuries and determining the extent of your injuries. If possible, it's in everyone's best interest to avoid litigation and settle outside of court. Your lawyer will carefully consider the merits of any settlement proposal with your current and future recoveries. If the settlement proposal is reasonable, then your lawyer will be able to convince you to accept it.

Damages

During the process of discovery the plaintiffs must prove that their losses were substantial and that the negligence of the defendant caused those damages. For example, if the doctor failed to inform the patient that a surgical procedure was a 30 percent risk of losing a limb. If the procedure was completed perfectly but the patient lost their arm, the medical professional may be held accountable for malpractice.

A victim could also prove that a competent lawyer could have prevented or minimized their financial loss. This is often referred to as the "but for" test. It is also essential to prove that the plaintiff has paid for expenses in pursuit a successful legal claim that is greater than the amount sought in compensation.

Our medical malpractice lawyers are able to provide a detailed explanation of the various types of damages that may be caused by a malpractice lawsuit including future, present and past medical expenses loss of income, suffering and pain and suffering, as well as other non-economic losses. Generally, the more serious the injury, the higher the amount of compensation. However, a decision that is successful could be reversed in appeal. Therefore, settling the case outside of court could be a viable alternative for some clients. It will save money and time on court costs. It also avoids the possibility of a jury making a decision based on emotions instead of facts.