How to File a Medical Malpractice Lawsuit

Medical malpractice law firms lawsuits are a bit more complicated. There are specific rules that must be followed including a specified time period during which the suit can be filed.

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

Complaint

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

The basis for malpractice claims is the notion that a doctor, nurse or other healthcare provider owes a patient a certain standard of care. This is the standard of competence and prudence that reasonable doctors with similar training would employ in similar situations. Your legal team must prove that your doctor violated this standard and caused you to suffer damage.

It can be a challenge to prove that a physician's standards are comparable to another doctor's. It is crucial to employ an attorney who has access to experts in the field of medicine to testify about what a professional of reasonable standards would have done.

Not only doctors can make mistakes, but so do hospital staff, such as nurses and anesthesiologists. This is particularly true for emergency room staff, where mistakes are often attributed to a crowded environment and overworked staff. Your lawyer may be able obtain evidence from experts in the emergency room who can provide evidence of the proper procedure and why your doctor's actions fell short of this standard.

Discovery

During the discovery stage the attorney will gather and analyze evidence that could prove a malpractice case. This includes medical records, witness statements, as in addition to expert testimony. The legal team on the other side can also have the chance to obtain this information from you and your attorney. This is typically done through inquiries and requests for production of documents. However, certain materials may be classified as confidential or privy due to privacy laws, such as HIPAA and its Privacy Rule.

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

Your lawyer will also interview any witnesses that can prove the negligence of the doctor. This can include radiologists, dentists, nurses, assistants and other people who were involved in the treatment of your health. Your attorney will be skilled in preparing powerful 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. In cases involving medical malpractice it is a common practice because the cost of going to trial can be quite expensive. Once the facts of your case have been established, a settlement could be discussed between you and your insurer of your doctor. If a settlement isn't reached, your case could go to trial.

Trial

Your lawyer will file a complaint after conducting the initial investigation. If they find that you have a solid case of malpractice, they will file it. This will clearly outline the allegations and will be given to the defendant with the summons.

The next stage is discovery. The next phase involves discovery. This includes the exchange and malpractice attorney depositions of witnesses. Your lawyer will use the statements to prove that the doctor violated the standard of care. The objective is to establish that the error was a result from the negligence of the doctor that caused damages.

Aside from the witness statement Alongside the statement of the witness, your medical malpractice attorney will also work with a couple of expert witnesses to back up your claim. These experts will receive medical records and detailed information regarding your case to prepare for their deposition and testimony. They may also aid in preparing your case for trial.

Your attorney will start negotiations with the defense team as part of the preparation for trial. This process can last for many years. During this period, you'll be recovering from your injuries and determining the extent and value of your injuries. If possible, it's in everyone’s best interest to avoid litigation and settle out of court. Your lawyer will carefully weigh the advantages of a settlement offer against your present 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 negligence on the part of the defendant contributed to these damages. If, for example, the doctor failed to inform the patient of the 30 percent possibility that the procedure might result in the loss of arm, and the operation was flawless, but the patient lost an arm in the process, then the medical professional could be held accountable for malpractice.

In order to have a legitimate malpractice suit, the plaintiff must prove that a competent attorney could have been able to avoid financial loss or at least minimize the amount. This is commonly referred to as the "but for" test. In addition, it is important to show that the plaintiff's expenses to pursue a successful legal claim that is more than the amount sought for compensation.

Our medical malpractice attorneys can 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 along with loss of income and pain and discomfort and other economic or non-economic loss. Generally, the more serious the injury, the greater the amount of compensation. However, a ruling that is successful can sometimes be overturned in appeal. Settlements outside of court can be beneficial for a few clients. It will save money and time in litigation fees. It also eliminates the risk of having a jury deciding a case based on emotions rather than facts.