How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits are complex. There are specific guidelines to be followed, which include the time frame within which the lawsuit may be filed.

In addition to proving negligence, the person seeking compensation must also prove that the doctor's actions led to injuries and losses. This will require medical and hospital documents.

Complaint

If your attorney's probe has found evidence that fraud was committed, he will file a lawsuit in court and issue summons. The complaint will identify the defendants in your case, and clearly outlines the allegations you're making against them.

The basis for malpractice claims is the notion that a doctor, nurse or other healthcare professional owes a patient a minimum standard of care. This is defined as the amount of care and skill that a reasonably prudent medical professional trained similarly would apply in similar circumstances. Your legal team must show that your doctor did not adhere to this standard and resulted in you suffering quantifiable damage.

The standard of care a physician provides is usually a matter of opinion, and is difficult to prove. It is important to hire an attorney who has access to experts in the field of medicine to testify about what a competent professional would have done.

It is not just physicians who commit medical errors, hospital personnel, including nurses and anesthesiologists are susceptible to making mistakes. This is especially true for emergency room staff, where mistakes are often made due to the crazed atmosphere and overworked workers. Your attorney may be able obtain evidence from experts in the emergency department that can assist in proving the proper procedure and why your doctor's actions fell short of this standard.

Discovery

During the discovery phase the attorney will collect and examine evidence that may support a malpractice claim. This includes medical records and witness statements, as well as expert testimony. The legal team of the other side will also have the opportunity to request the information from you and your attorney. This is done by interrogatories or requests for documents. Certain materials are considered to be privileged and private due to privacy laws, such as HIPAA's Privacy Rule.

You must also prove your injury was the result of a negligent doctor. This is the most difficult aspect of a medical negligence case because it requires an expert witness testimony that supports your claim.

Your lawyer will also depose any witnesses that can prove the negligence of the doctor. This can include nurses, assistants, radiologists, dentists and other personnel who were involved in your care. Your lawyer is skilled at taking strong and effective depositions to convince these witnesses to admit that the doctor's negligence was a factor.

Most lawsuits are settled, or settled, before they reach the trial stage. In cases involving medical malpractice this is particularly common due to the fact that going to trial can be quite expensive. Once the facts are established, you can negotiate a settlement with the insurer of the doctor. If a settlement isn't possible, your case will then proceed to trial.

Trial

Once your attorney has completed the initial investigation and determines you have a solid malpractice case, they will file the complaint. It will state clearly your allegations and be served on the defendant, along with a summons.

Discovery is the next stage. The next phase is discovery. This involves the exchange and deposition of witnesses. Your lawyer will make use of the statements to prove that your doctor acted in violation of the standard of care. The aim is to demonstrate that the error was the result of the negligence of the doctor and caused damage.

In addition to the witness's testimony Your medical malpractice lawyer will also work with one or two experts to support your claim. They will be provided with medical records and all the details about your case to prepare for their deposition and testimony. They can also assist in preparing your case for trial.

Your lawyer will begin negotiations with the defense team as part of the trial preparation. The process continues throughout the trial and can last for years. During this period, you will be recovering from your injuries and determining the magnitude and value of your losses. It is in everyone's best interests to settle outside of court and avoid litigation whenever feasible. Your attorney will carefully weigh the advantages of a settlement offer against your present and long-term recovery. If the settlement is reasonable, then your lawyer will advise you to accept it.

Damages

During the process of discovery, plaintiffs must show that their losses were substantial and that the negligence of the defendant caused those damages. For instance, if the doctor failed to inform the patient of the 30% risk that the procedure would result in the loss of a arm, and the operation was perfect, but the patient lost an arm in the process, then the medical professional could be held responsible for malpractice.

A victim could also prove that a competent lawyer could have prevented or mitigated the financial loss. This is sometimes called the "but for test". It is also important to show that the plaintiff has incurred expenses in pursuit of a successful legal claim that is in excess of the amount demanded as compensation.

Our medical malpractice lawyers are able to explain the various types of damages sustained in a malpractice lawsuit including the past, present and future medical expenses as well as lost income, suffering and pain and suffering, as well as other non-economic losses. The more money you are awarded is, the more serious injury. However, a successful verdict can sometimes be overturned upon appeal. So, settling out of court could be an advantageous option for some clients. It can save money and time in court costs. It also avoids the risk of having a jury choosing a case based on emotion instead of fact.