How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits can be very complicated. There are certain guidelines that must be met including a time limit during which the suit can be filed.

The claimant must also demonstrate that the doctor's actions caused injuries and losses. This will require medical and hospital records.

Complaint

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

Malpractice claims are founded upon the belief that doctors, nurses or other healthcare providers owe a patient the highest standard of care. This is the standard of competence and care reasonable doctors with the same training would employ in similar circumstances. Your legal team must to show that your doctor violated this standard, resulting in injuries from which you sustained damages quantifiable.

The standard of care for a doctor is usually a matter of opinion, and it is often difficult to prove. It is important to hire an attorney who has access to experts in the field of medicine to testify about what a reasonable doctor would have done.

It is not just physicians who commit medical errors, hospital staff members, such as nurses and anesthesiologists may be guilty of malpractice. This is particularly true for emergency room personnel, where errors are usually due to the crazed atmosphere and overworked employees. Your lawyer could be in a position to secure experts from emergency room personnel who can demonstrate what could have been done differently and why your doctor malpractice lawsuit was unable to fulfill this standard.

Discovery

During the discovery phase, your attorney will gather and look over evidence that could be used to support a malpractice claim. This includes medical records, witness statements expert testimony and more. The legal team of the other side will also have the opportunity to request the information from you and your attorney. This is accomplished through interrogatories or requests for documents. However, certain documents may be privileged or confidential because of privacy laws like HIPAA and its Privacy Rule.

You must also prove that your injury is the result of the negligence of your doctor. This is the most difficult component of a case involving medical negligence as it requires an expert evidence to support your claim.

Your lawyer will also depose witnesses that can prove that the doctor was negligent. This could include nurses, assistants radiologists, dentists, and others who were involved in your care. Your lawyer is skilled in preparing strong and persuasive depositions to get these witnesses to admit that the doctor's negligence was a factor.

The majority of lawsuits are settled prior to trial. For medical malpractice cases this is particularly common as the costs of going to trial can be quite expensive. After the facts of your case are established, a settlement may be negotiated between you and the insurance company for the doctor. If a settlement isn't attainable the case will go to trial.

Trial

Your attorney will file a formal complaint after an initial investigation. If they conclude that you have a strong case for malpractice, they will file the complaint. The complaint will clearly state the allegations and will be given to the defendant along with a summons.

The next phase involves discovery. This includes the exchange of medical records and depositions from witnesses. Your lawyer will make use of these documents to prove your doctor's violation of the standard of care. The goal is to show that the error was the result of the doctor's negligence, and caused damage.

Your medical malpractice attorney will also work with one or more expert witnesses in support of your claim. These experts will be provided medical records and detailed information about your case to prepare for their testimony and deposition. They can also assist in making your case ready for trial.

As part of the preparation for trial the attorney will initiate negotiations for settlement with the defense. This process can last for many years. During this time period, you are recovering from your injuries and determining the severity of your injuries. It is in everyone's best interests to settle outside of court and avoid litigation whenever it is possible. Your lawyer will carefully consider the merits of a settlement offer against your current and long-term recovery. If the settlement is fair your lawyer will convince you to accept it.

Damages

During the discovery phase, plaintiffs will be required to prove that their losses are substantial and that the negligence of the defendant has caused these damages. For example, 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 surgery was performed perfectly but the patient lost their arm, the medical professional may be held accountable for malpractice.

In order to have a legitimate malpractice lawsuit, the victim must also show that a competent lawyer could have been able avoid financial loss or at least reduce its size. This is commonly referred as the "but for" test. Additionally, it is required to prove that the plaintiff's expenses in the pursuit of a legal claim that is more than the amount demanded as compensation.

Our medical malpractice lawyers are able to explain the various types of damages that can be sustained in a malpractice lawsuit including past, present and future medical expenses as well as lost income, suffering and pain and suffering, as well as 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. Settlements outside of court can be beneficial for a few clients. It can save money and time in litigation fees. It also eliminates the possibility of a jury ruling on a case based upon emotions instead of facts.