How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits can be a little complicated. There are certain guidelines that must be met including a specified time period within which the suit may be filed.

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

Complaint

When your attorney's inquiry has discovered evidence of malpractice has occurred, he or she will file a complaint in court along with a summons. The complaint names the defendants in your case and clearly states 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 is defined as the degree of expertise and prudence that a reasonable medical professional with similar training could exercise in similar situations. Your legal team must demonstrate that your doctor did not adhere to this standard and resulted in you suffering quantifiable injury.

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

It is not just physicians who make mistakes in their medical practice; hospital personnel, including nurses and anesthesiologists can be liable for malpractice. This is especially true for emergency room personnel, where mistakes are often made due to a crowded environment and overworked employees. Your lawyer could be in a position to get an expert opinion from the emergency room personnel who can demonstrate what could have been done differently and the reason why your doctor failed to meet this standard.

Discovery

During the discovery phase, your attorney will gather and review evidence that could support a malpractice claim. This includes medical records, witness statements, as in addition to expert testimony. The other side's legal team will also have the option to request this information from you and your attorney. This is usually done through interrogatories as well as requests for production of documents. However, certain materials may be classified as confidential or privy because of 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 element of a medical negligence claim since it requires expert testimony to support your claim.

Your lawyer will also call witnesses that can prove that the doctor was negligent. This can include assistants, nurses radiologists, malpractice dentists, and others who were involved in your treatment. Your lawyer is skilled in preparing powerful and effective depositions to convince these witnesses to admit that the doctor was negligent.

Most lawsuits are settled, or settled, before they reach the trial stage. In cases involving medical malpractice it is a common practice since the cost of going to trial can be quite expensive. After the facts of your case are established, a settlement may be reached between you and the insurance company for the doctor. If a settlement cannot be reached, the case may 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. The complaint will clearly state your allegations and must be served on the defendant, along with a summons.

The next step is discovery. The next phase involves discovery. This includes the exchange and depositions of witnesses. Your lawyer will use the evidence to prove that your doctor violated the standards of care. The aim is to demonstrate that the error was the result of the doctor's negligence, and caused damages.

Your medical malpractice attorney will also work with one or more expert witnesses in support of your claim. These experts will be provided medical records as well as detailed information about your case to prepare for their deposition and testimony. They may also help in the preparation of your case for trial.

As part of the trial preparation your lawyer will start negotiations for settlement with the defense. This process continues throughout the trial, and can sometimes last for several years. During this period, you will be recovering from your injuries and determining the extent and value of your damages. It's in everyone's interest to settle out of court and avoid litigation whenever it is possible. Your lawyer will carefully evaluate the merits of any settlement with your current and future recovery. If the settlement is fair, your lawyer will encourage you to accept it.

Damages

During the discovery phase, plaintiffs need to show that their losses are significant and that the negligence of the defendant has contributed to these losses. For example, if the doctor did not inform the patient that a surgical procedure had a 30% chance of losing a limb. If the procedure was completed perfectly but the patient lost their arm, the medical professional may be held accountable for malpractice.

To have a viable legal action, the defendant must prove that a competent attorney could have helped avoid financial loss or at the very least, reduce its size. This is sometimes called the "but for test". In addition, it is important to show that the plaintiff incurred costs in pursuit of a successful legal claim which are in excess of the amount demanded as compensation.

Our medical malpractice lawyers are able to explain the various forms of damages that could be sustained in a malpractice lawsuit including the past, present and future medical expenses loss of income, pain and suffering and other non-economic losses. Generally, the more serious the injury, higher the award. A decision that is found to be a success could be overturned through an appeal. Therefore, settling the case outside of court can be an advantageous alternative for some clients. It will help save time and money on costs for litigation, as well as avoiding the possibility of having a jury judge a case based on the basis of emotions instead of facts.