How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits are complex. There are specific guidelines that must be met with a specific time frame in which the suit can be filed.

The plaintiff must also prove that the actions of the doctor caused injuries and losses. This will require medical and hospital documents.

Complaint

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

Malpractice claims are based on the premise that doctors, nurses or other healthcare professionals owe patients an appropriate level of care. This is the amount of expertise and prudence the reasonably prudent doctor with the same training would employ in similar circumstances. Your legal team has to show that your doctor did not meet this standard which resulted in injuries from which you sustained quantifiable damages.

It can be difficult to prove that a doctor's standards are comparable to another doctor's. This is why it's essential to select a law firm that has access to experts who can provide testimony about the medical field and what reasonable medical professionals in your doctor's position would have done.

Not only physicians can make mistakes, but also hospital staff, such as anesthesiologists and nurses. This is especially true for emergency room staff where mistakes are usually due to a crowded atmosphere and overworked personnel. Your lawyer may be able to secure testimony from experts in the emergency room that can assist in proving the proper procedure and how your doctor's actions fell short of this standard.

Discovery

During the discovery process the attorney will collect and look over evidence that might provide evidence to support a claim for malpractice lawsuits. This includes medical records, witness statements, expert testimony and more. The legal team on the other side will also have the option to obtain this information from you and your attorney. This is typically done through interrogatories and requests for production of documents. Certain materials could be protected and secret due to privacy laws, for instance HIPAA's Privacy Rule.

You must also prove your injury is due to the negligence of your doctor. This is the most challenging part of a medical malpractice claim because it requires expert witness testimony to support your claim.

Your lawyer will also question any witnesses that can support that the doctor's actions were negligent. This can include radiologists, dentists nurses, assistants, and others who were involved in the treatment of your health. Your attorney will know how to take powerful and convincing depositions to ensure that witnesses to accept that the doctor was negligent.

Most lawsuits are resolved, or settled before they reach the trial stage. This is especially true for medical malpractice cases, since the costs associated with the trial process can be expensive. Once the facts of your case are established, a settlement could be discussed between you and your doctor's insurance company. If a settlement cannot be reached, your case will then go to trial.

Trial

Your lawyer will file a formal complaint after completing the initial investigation. If they conclude that you have a convincing case of malpractice, then they will file the complaint. This will clearly state your allegations and will be served to the defendant along with a summons.

The next stage is discovery. This involves the exchange of medical records and depositions of witnesses. The lawyer will use the statements to prove that the doctor violated the standard of care. The objective is to establish that the error resulted of the doctor's negligence and resulted in damages.

In addition to the witness statement Your medical malpractice lawyer will also work with one or two expert witnesses to support your claim. They will be provided with medical records and details regarding your case, to prepare for their deposition and testify. They can also assist in preparing your case for trial.

As part of the preparation for trial your lawyer will start settlement negotiations with the defense. This process continues throughout the trial, and can take up to years. In this time, you are recovering from your injuries and determining how much of your losses. If you can, it is in everyone's best interest to avoid litigation and settle out of court. Your lawyer will carefully evaluate the merits of any settlement offer with your current and future settlement. If the settlement seems reasonable your lawyer will convince you to accept it.

Damages

During the discovery process, plaintiffs must show that their losses were significant and that the negligence of the defendant caused the damages. For instance, if the doctor did not inform the patient that the procedure carried a 30 percent chance of losing a limb. Moreover, if the surgery was performed perfectly but the patient lost their arm, the medical professional may be held accountable for malpractice.

In order to have a legitimate malpractice suit, the plaintiff must prove that a competent attorney could have helped avoid financial loss or at least reduce its size. This is sometimes referred to as the "but for" test. It is also essential to show that the plaintiff has paid for expenses in the pursuit of a successful legal claim, that is higher than the amount demanded in compensation.

Our medical malpractice lawyers can provide an explanation of the different types of damages that can be awarded in a case of malpractice, including past, current and future medical expenses as well as loss of income or income, pain and discomfort and other economic or non-economic loss. In general, the more serious the injury, the more the award. A successful verdict may be overturned by an appeal. Settlements outside of court may be beneficial for a few clients. It can save money and time in court costs. It also helps avoid the possibility of a jury making a decision based on emotion instead of fact.