How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits are complex. There are specific rules that must be followed including a certain time period in which the suit can be filed.

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

Complaint

If your attorney's probe has uncovered evidence that malpractice has occurred, he or she will file a lawsuit in court, along with a summons. The complaint identifies the defendants in your case and clearly states the allegations you're making against them.

Malpractice claims are based on the belief that a physician or healthcare provider owes a patient a certain standard of care. This is defined as the degree of skill and caution that a reasonable medical professional trained similarly could exercise in similar situations. Your legal team must show that your doctor did not adhere to this standard and caused you to suffer quantifiable damage.

A doctor's standard of care is usually an issue of opinion, malpractice lawsuit and it is often difficult to prove. It is crucial to choose an attorney who has access to experts in the field of medicine to testify about what a reasonable doctor would have done.

It's not just doctors who make mistakes, but also hospital staff, such as nurses and anesthesiologists. This is particularly true of emergency room staff, whose mistakes are often made due to the crazed atmosphere and overworked employees. Your lawyer could be in a position to obtain an expert witness from the emergency room staff who can show what should have happened and why your doctor was unable to meet this standard.

Discovery

During the discovery phase the attorney will collect and examine evidence that may be used to support a malpractice claim. This includes medical documents, witness statements expert testimony and more. The legal team representing the other side will also have the option to obtain this information from you and your attorney. This is done through interrogatories or requests for documents. However, certain materials may be classified as confidential or privy due to privacy laws such as HIPAA and its Privacy Rule.

It is also necessary to prove that your injury was caused by the doctor's negligence. This is the most difficult part of a medical malpractice case because it requires an expert witness testimony to support your claim.

Your lawyer will also call witnesses to prove that the doctor was negligent. This could include radiologists dentists as well as nurses, assistants and others who were involved in the treatment of your health. Your lawyer will be adept at taking strong and effective depositions that force these witnesses to admit that the doctor was negligent.

Most lawsuits are resolved, or settled, before they reach the trial stage. This is particularly true in medical malpractice cases as the costs associated with a trial can be very high. Once the facts are established and you have a chance to negotiate a settlement with the insurer of the doctor. If a settlement isn't attainable your case will go to trial.

Trial

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

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

Apart from the witness's statement Your medical inver grove heights malpractice attorney lawyer will work with two or more expert witnesses to back up your claim. These experts will receive medical records and details regarding your case to prepare for their deposition and testimony. They can also assist in preparing your case for trial.

Your attorney will begin negotiations with the defense during the preparation for trial. This process continues throughout the case and can sometimes last for several years. During this time, it is important that you are recovering from your injuries and determining how much of your injuries. If possible, it's the best option for everyone to avoid litigation and settle out of court. Your attorney will carefully assess the merits of any settlement with your current and future recovery. If the settlement seems reasonable the lawyer will advise you to accept it.

Damages

During the process of discovery plaintiffs must demonstrate that their losses were significant and that the negligence of the defendant caused those damages. For instance, if the doctor failed to inform the patient that the surgery carried a 30 percent chance of losing a limb. If the surgery was performed perfectly but the patient lost their arm or limb, the doctor could be held accountable for negligence.

To be able to bring a valid malpractice lawsuit, the person who is suing must also prove that a competent attorney would have been able to avoid financial loss or at the very least, reduce its size. This is sometimes referred to the "but for test". Additionally, it is necessary to demonstrate that the plaintiff was liable for costs to pursue a legal claim that are over the amount sought as compensation.

Our medical malpractice lawyers are able to explain the various types of damages suffered in a malpractice lawsuit including past, present and future medical expenses, lost income, suffering as well as other non-economic losses. The more money you are awarded the more serious the injury. However, a successful verdict can sometimes be overturned when appealed. So, settling outside of court may be an advantageous option for certain clients. It will save time and money on court costs, as well being able to avoid the potential risk of having a jury judge an issue on the basis of emotions instead of fact.