How to File a Medical Malpractice Lawsuit

Medical malpractice suits are complicated. There are specific rules that must be followed including a time limit within which the suit could be filed.

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

Complaint

After your attorney's investigation has discovered evidence of malpractice has occurred, he or she will file a formal complaint in court, along with a summons. The complaint will identify the defendants and make the allegations you make against them.

Malpractice claims are founded upon the belief that nurses, doctors or other healthcare providers are obligated to a patient an appropriate level of care. This standard is defined as the amount of care and skill that a reasonable medical professional with similar training could exercise in similar situations. Your legal team has to prove that your doctor did not meet this standard that resulted in injuries due to which you sustained quantifiable damages.

It can be challenging to prove that a doctor's standards are the same as another doctor's. It is important to hire an attorney who has access to experts in the medical field to testify on what a professional of reasonable standards would have done.

It's not only doctors who make medical errors; hospital personnel, including nurses and anesthesiologists can be liable for malpractice. This is especially the case for emergency room personnel where mistakes are caused by a hectic environment and overworked staff. Your attorney may be able to obtain testimony from experts in the emergency room who can help demonstrate what could have been done and how your doctor's actions did not meet this standard.

Discovery

During the discovery phase during the discovery phase, your attorney will collect and malpractice lawsuit look over evidence that could be used to support a malpractice claim. This could include medical records, witness statements, as in addition to expert testimony. The other side's legal team may also be able to request this information from you and your attorney. This is done by interrogatories or requests for documents. However, certain materials may be privileged or confidential due to privacy laws like HIPAA and its Privacy Rule.

You must also prove your injury is the result of negligence by the doctor. This is the most difficult part of a medical malpractice case since it requires expert witness testimony to support your claim.

Your lawyer will also depose any witnesses that can support the doctor's negligent actions. This can include assistants, nurses radiologists, dentists, and others who were involved in your treatment. Your attorney will know how to conduct effective and strong depositions to make these witnesses admit that the doctor's negligence was a factor.

Most lawsuits are settled before they reach trial. For medical malpractice cases this is the most common since the cost of going to trial can be quite expensive. Once the facts are established you can negotiate an agreement with the doctor's insurer. If a settlement cannot be reached, your case will then go to trial.

Trial

Your lawyer will file a complaint after an initial investigation. If they find that you have a compelling case for malpractice attorneys, they will file the complaint. This will clearly outline the allegations and must be delivered to the defendant in the summons.

Discovery is the next phase. The next phase 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 aim is to demonstrate that the error was the result of the doctor's negligence, and caused damages.

In addition to the witness's testimony Alongside the statement of the witness, your medical malpractice attorney will work with two or more 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 testify. They may also assist in preparing your case for trial.

Your lawyer will initiate settlement discussions with the defense team as part of the trial preparation. This process is ongoing throughout the trial, and can take up to several years. In this time, you are recovering from your injuries and determining the severity of your injuries. When possible, it's in everyone’s best interest to avoid litigation and settle out of court. Your lawyer will carefully weigh the merits of a settlement 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 need to prove that their losses are substantial and that the negligence of the defendant has caused these damages. For instance, if the doctor did not inform the patient that the surgery carried a 30 percent chance of losing a limb. If the procedure was done correctly but the patient lost their arm, the medical professional may be liable for malpractice.

A victim could also prove that a skilled lawyer could have averted or reduced their financial loss. This is sometimes called the "but for test". In addition, it is required to prove that the plaintiff has incurred expenses in the pursuit of a legal claim which are over the amount of compensation sought.

Our medical malpractice lawyers can explain the various kinds of damages that may be granted in a malpractice case including past, current and future medical expenses, as also lost income and pain and discomfort and other economic or non-economic losses. The greater the amount of money awarded is, the more serious injury. However, a decision that is successful can sometimes be overturned on appeal. Settlements outside of court can be beneficial to some clients. It will save money and time in litigation fees. It also avoids the risk of a jury ruling on a case based upon emotion instead of fact.