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How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits are a complex matter. There are specific guidelines to be followed including a specified time period within which the suit could be filed.

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

Complaint

Your attorney will prepare a court-appointed complaint and summons when he/she has discovered evidence of malpractice. The complaint identifies the defendants in the case and outlines the allegations you're making against them.

Malpractice claims are based on the notion that a doctor or nurse or other healthcare provider owes a patient a standard of treatment. This standard is defined as the level of competence and care that a reasonable medical professional who has similar training could exercise in similar situations. Your legal team must prove that your doctor violated this standard and resulted in you suffering quantifiable damages.

A physician's standard of care is often an issue of opinion and is often difficult to prove. This is why it is crucial to choose a law firm with access to expert witnesses who can give testimony on the medical field and what reasonable professionals in the same situation as your doctor would have done.

It's not just doctors who make medical errors; hospital staff members, such as nurses and anesthesiologists can commit malpractice law firms. This is especially true of emergency room staff, where mistakes are often attributed to a crowded environment and overworked employees. Your lawyer may be in a position to obtain experts from emergency room personnel who can show what should have happened and the reason why your doctor failed to meet the standard.

Discovery

During the discovery process during the discovery phase, your lawyer will gather and review evidence that could help in proving a malpractice case. This includes medical records, witness statements expert testimony, and more. The information could also be requested by the legal team opposing the case. This is usually done through interrogatories as well as requests for production of documents. Certain materials are considered to be privileged and secret due to privacy laws, for instance HIPAA's Privacy Rule.

You must also prove your injury was caused by the negligent doctor. This is the most difficult component of a medical malpractice case, as it requires expert evidence to support your claim.

Your lawyer will also depose witnesses who can prove the doctor was negligent. This can include radiologists, dentists, nurses, assistants and others who were involved in the care of your health. Your lawyer will know how to take effective and powerful depositions so that witnesses to admitting that the doctor was negligent.

The majority of lawsuits are resolved or settled before they reach the trial stage. For medical malpractice cases, this is especially common as the costs 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 doctor's insurance company. If a settlement isn't possible the case will go to trial.

Trial

Your attorney will file a complaint following having completed the initial investigation. If they determine that you have a solid case for malpractice, they will file the complaint. The complaint will be clear in its allegations and must be served to the defendant along with a summons.

The next step is discovery. This includes the exchange of medical records and depositions of witnesses. Your lawyer will make use of these statements to establish the doctor's breach of standard of care. The objective is to prove that the error was a result of negligence by the doctor and resulted in damages.

Your medical malpractice attorney will also work with one or more expert witnesses to prove your claim. These experts will be provided medical records and detailed information regarding your case in order to prepare for their deposition and testimony. They can also assist in the preparation of your case for trial.

As part of the trial preparation your lawyer will start settlement negotiations with the defense. This process could last for several years. During this time, you are recovering from your injuries and determining the extent of your losses. If possible, it's beneficial for everyone to avoid litigation and settle out of court. Your attorney will carefully weigh the merits of a settlement offer against your present and long-term recovery. If the settlement offers are reasonable your lawyer will convince you to accept it.

Damages

During the discovery phase, plaintiffs be required to prove that their losses are significant and that the negligence of the defendant contributed to these losses. For instance, if the doctor failed to inform the patient that the procedure was a 30 percent risk of losing a limb. If the procedure was carried out perfectly but the patient lost their arm and the medical professional could be held accountable for negligence.

A victim may also demonstrate that a skilled lawyer could have prevented or mitigated the financial loss. This is often referred to as the "but for" test. It is also essential to show that the plaintiff has incurred costs in the pursuit of a successful legal claim that is more than the amount sought in compensation.

Our medical malpractice lawyers are able to explain the different types of damages that could be suffered in a malpractice lawsuit including future, present and past medical expenses loss of income, suffering as well as other non-economic losses. The greater the amount of money awarded is, the more serious injury. However, a decision that is successful could be reversed on appeal. Therefore, settling out of court may be a beneficial option for some clients. It will reduce time and cost in litigation fees, as well being able to avoid the potential risk of having a jury decide an issue on the basis of emotion rather than facts.