How to File a Medical Malpractice Lawsuit

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

In addition to proving negligence, the claimant must show that the doctor's actions caused injuries and losses. This will require hospital and medical records.

Complaint

Your attorney will prepare a court-appointed complaint and summons if he or she has discovered evidence of negligence. The complaint will name the defendants and describe the allegations you make against them.

The basis for malpractice claims is the idea that a doctor malpractice Lawyers or healthcare provider owes the patient a standard of care. This is defined as the level of expertise and prudence that a reasonably prudent medical professional with the same training could exercise in similar situations. Your legal team has to prove that your doctor violated this standard and caused injuries to which you sustained quantifiable damages.

It can be challenging to prove that a doctor's standards are comparable to another doctor's. It is crucial to choose an attorney who has access to experts in the medical field to provide evidence of what a reasonable professional would have done.

Not only doctors can make mistakes, but so can hospital personnel, like nurses and anesthesiologists. This is especially true for emergency room staff where mistakes are often made due to a busy environment and overworked employees. Your lawyer may be in a position to get an expert opinion from the emergency room staff who can explain the circumstances that led to the incident and how your doctor failed to meet this standard.

Discovery

During the discovery phase your lawyer will gather and look over evidence that could be used to prove a malpractice law firm claim. This includes medical documents, witness statements, expert testimony, and more. The legal team representing the other side will also have the opportunity to request the information from you and your attorney. This can be done via interrogatories or requests for documents. Certain documents could be classified as confidential or privy due to privacy laws, such as HIPAA and its Privacy Rule.

It is also necessary to prove that your injury was caused by the negligent doctor. This is the most difficult aspect of a medical negligence case since it requires expert witness testimony that supports your claim.

Your lawyer will also call witnesses who can prove that the doctor was negligent. This could include assistants, nurses, radiologists, dentists and others who were involved in your care. Your lawyer will know how to take effective and strong depositions to ensure that these witnesses acknowledge that the doctor was negligent.

Most lawsuits are resolved, or settled, before they get to the trial stage. This is especially true in medical malpractice cases as the costs involved in the trial process can be expensive. Once the facts are established, you can negotiate a settlement with the insurer of the doctor. If a settlement isn't feasible your case will go to trial.

Trial

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

The next phase is discovery. The next phase involves discovery. This involves the exchange and deposition of witnesses. The lawyer will use the statements to prove that the doctor acted in violation of the standard of care. The aim is to demonstrate that the error was caused by the negligence of the doctor and resulted in damages.

Your medical malpractice lawyer will also work with one or more expert witnesses to prove your claim. These experts will receive medical records and details regarding your case to prepare for their depositions and testimony. They may also aid in preparing your case for trial.

Your lawyer will begin settlement discussions with the defense during the preparation for trial. This process is ongoing throughout the trial, and can sometimes last for several years. During this time, you will be recovering from your injuries and determining the size and amount of your losses. It is in everyone's best interests to settle outside of the courtroom and avoid litigation whenever it is possible. Your attorney will carefully evaluate the advantages of a settlement offer against your current and long-term recovery. If the settlement is reasonable your lawyer will advise 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 caused these damages. For instance, if the doctor failed to inform the patient of the 30% chance that the procedure could result in the loss of leg, and the surgery was perfect, but the patient lost an arm and limb, then the medical professional could be held liable for negligence.

A victim may also demonstrate that a skilled lawyer could have prevented or minimized the financial loss. This is often referred to as the "but for test". It is also essential to prove that the plaintiff's expenses in the pursuit of a legal claim that is more than the amount of compensation sought.

Our medical malpractice lawyers can provide a detailed explanation of the various types of damages that can be caused by a malpractice lawsuit including future, present and past medical expenses, lost income, suffering and other non-economic losses. In general, the more severe the injury, higher the award. However, a decision that is successful can sometimes be overturned in appeal. Therefore, settling out of court could be an advantageous alternative for some clients. It can save money and time on litigation costs. It also avoids the risk of having a jury choosing a case based on emotion rather than fact.