How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits can be a little complicated. There are specific guidelines to be adhered to including a time limit during which the suit can be filed.

The claimant also has to prove that the doctor's actions resulted in injuries and losses. This will require hospital and medical records.

Complaint

Your attorney will submit a court complaint as well as summons if he or she has found evidence of misconduct. The complaint will identify the defendants and malpractice state the allegations against them.

Malpractice claims are based on the idea that nurses, doctors and other healthcare providers are obligated to a patient the highest standard of care. This is defined as the amount of competence and care that a reasonably prudent medical professional with the same training would apply in similar circumstances. Your legal team has to prove that your doctor did not adhere to this standard and caused you to suffer damages.

The standard of care for a doctor is usually an issue of opinion and is difficult to prove. This is why it's essential to select a law firm with access to expert witnesses who can give testimony on the medical field and what reasonable professionals in your doctor's situation would have done.

It is not just physicians who commit medical errors, hospital personnel, including nurses and anesthesiologists, also may be guilty of malpractice. This is particularly relevant to emergency room personnel where mistakes are due to a crowded atmosphere and overworked workers. Your lawyer may be in a position to secure expert testimony from emergency room personnel who can demonstrate the circumstances that led to the incident and why your doctor was unable to fulfill this standard.

Discovery

During the discovery process your lawyer will gather and look over evidence that might provide evidence to support a claim for malpractice. This includes medical documents, witness statements expert testimony and more. These records can also be requested by the opposing legal team. This usually happens through interrogatories as well as requests for production of documents. Certain documents may be considered to be confidential and confidential because of privacy laws, such as HIPAA's 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 medical malpractice case because it requires an expert witness testimony that proves your claim.

Your lawyer will also question any witnesses that can prove that the doctor's actions were negligent. This can include radiologists, dentists nurses, assistants, nurses as well as other individuals who were involved in the treatment of your health. Your lawyer will know how to conduct effective and powerful depositions so that witnesses to admit that the doctor's negligence was a factor.

The majority of lawsuits are settled before they reach trial. In the case of medical malpractice, this is especially common since the cost of going to trial can be expensive. Once the facts of your case are established, a settlement may be agreed upon 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 lawsuit after completing the initial investigation. If they conclude that you have a compelling case for malpractice, they will file the complaint. The complaint will clearly state your allegations and be served to the defendant with a summons.

Discovery is the next step. This involves the exchange of medical records and depositions from witnesses. Your lawyer will use these statements to prove that the doctor acted in violation of the standard of care. The objective is to establish that the error resulted of negligence on the part of the doctor and caused damages.

Your medical malpractice attorney will also work with one or more expert witnesses to support your claim. These experts will receive medical records as well as detailed information regarding your case in order to prepare for their testimony and deposition. They can also assist in preparing your case for trial.

Your attorney will start negotiations with the defense during the preparation for trial. This process could last for several years. During this time period, you are recovering from your injuries and determining the severity of your damages. It is in everyone's best interests to settle out of court whenever possible. Your attorney will carefully assess the merits of any settlement with your current and potential recovery. If the settlement is reasonable then your lawyer will advise you to accept it.

Damages

During the discovery process, plaintiffs must show that their losses were substantial and that the negligence of the defendant contributed to the damages. For instance, if the doctor failed to inform the patient of the 30 percent chance that the procedure could result in the loss of leg, and the procedure was successful, but the patient lost an arm and limb, then the medical professional could be held liable for negligence.

A victim can also prove that a skilled lawyer could have prevented or mitigated the financial loss. This is sometimes referred to the "but for test". It is also important to prove that the plaintiff incurred costs in the pursuit of a successful legal claim, which are greater than the amount they seek in compensation.

Our medical malpractice lawyers are able to explain the various types of damages that may be sustained in a malpractice attorney lawsuit including future, present and past medical expenses, lost income, suffering and other economic and non-economic losses. Generally, the more serious the injury, the greater the amount of compensation. A ruling that is deemed to be successful can be overturned by an appeal. So, settling outside of court can be a viable option for a few clients. It can reduce time and cost in litigation fees, as well being able to avoid the potential risk of having a jury judge a case based on the basis of emotions instead of facts.