How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits are a bit more complicated. There are certain guidelines to follow, including the time frame within which the lawsuit can be filed.

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

Complaint

Once your attorney's investigation has discovered evidence of malpractice was committed, he will file a formal complaint in court, along with a summons. The complaint identifies the defendants in your case, and clearly outlines the allegations that you are making against them.

Malpractice claims are based on the notion that a doctor or nurse or any other healthcare provider owes the patient a standard of care. This standard is defined as the degree of expertise and prudence that a reasonably prudent medical professional trained similarly would apply in similar circumstances. Your legal team must prove that your doctor violated this standard and caused you to suffer damage.

A doctor's standard of care is often a matter of opinion, and it is often difficult to prove. It is crucial to employ an attorney who has access to experts in the field of medicine to provide proof of what a professional of reasonable standards would have done.

It's not only doctors who commit medical errors, hospital personnel, including nurses and anesthesiologists can be liable for malpractice. This is particularly true for emergency room personnel, where mistakes are often attributed to a chaotic environment and overworked workers. Your attorney may be able to get expert testimony from emergency room personnel who can provide evidence of what should have happened and how your doctor failed to meet this standard.

Discovery

During the discovery phase, your attorney 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 in addition to expert testimony. The other side's legal team will also have the option to obtain this information from you and your attorney. This is done by interrogatories or requests for documents. Certain documents could be classified as confidential or privy due to privacy laws such as HIPAA and its Privacy Rule.

You must also prove your injury is due to the negligence of your doctor. This is the most difficult aspect of a medical malpractice claim because it requires expert witness testimony that proves your claim.

Your lawyer can also question witnesses who can prove that the doctor was negligent. This could include assistants, nurses, radiologists, dentists and others who were involved in your treatment. Your lawyer will be proficient in preparing powerful and effective depositions to convince these witnesses to admit that the doctor was negligent.

Most lawsuits are settled prior to trial. This is particularly common in medical malpractice cases as the cost of a trial can be very high. Once the facts of your case are established, a settlement may be agreed upon between you and the doctor's insurance company. If a settlement cannot be reached your case will proceed to trial.

Trial

Your attorney will file a formal complaint after conducting the initial investigation. If they conclude that you have a compelling case for malpractice, they will file it. It will state clearly your allegations and be served to the defendant with a summons.

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

In addition to the witness statement Your medical malpractice lawyer will also work with two or three expert witnesses to prove your claim. They will be provided with medical records as well as detailed information regarding your case in order to prepare for their testimony and deposition. They can also assist in the preparation of your case for trial.

As part of the preparation for trial your attorney will begin settlement negotiations with the defense. The process continues throughout the trial and may last for several years. In this time, you will be recovering from your injuries while determining the extent and value of your injuries. It's in everyone's interest to settle your case outside of the courtroom and avoid litigation whenever possible. Your lawyer will carefully evaluate the merits of any settlement offer against your current and future settlement. If the settlement is reasonable the attorney will convince you to accept it.

Damages

During the discovery phase, plaintiffs will have to prove that their losses are significant and malpractice lawyer that the negligence of the defendant caused these damages. For instance, if the doctor did not inform the patient that a surgery was a 30 percent risk of losing a limb and the surgery was performed perfectly but the patient lost their arm, malpractice Lawyer the medical professional may be held accountable for malpractice.

A victim could also prove that a competent lawyer could have prevented or mitigated their financial loss. This is commonly referred as the "but for" test. In addition, it is required to prove that the plaintiff incurred costs in pursuit of a successful legal claim that is over the amount sought for compensation.

Our medical malpractice lawyers are able to provide an explanation of the different types of damages that may be given in a malpractice lawsuit, including past, current and future medical expenses, as well as loss of income as well as pain and discomfort and other economic or non-economic losses. The more serious the injury, the higher the award. However, a successful verdict could be reversed when appealed. Settlements outside of court could be beneficial for a few clients. It could save money and time on court costs. It also avoids the risk of a juror choosing a case based on emotions rather than facts.