How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits are complex. There are certain guidelines to be adhered to including a certain time period within which the suit may be filed.

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

Complaint

Your lawyer will prepare a court-appointed complaint and summons if he or she has discovered evidence of negligence. The complaint will identify the defendants and state the allegations you bring against them.

The basis for malpractice claims is the notion that a doctor or healthcare provider is obligated to a patient a certain standard of care. This is the standard of expertise and prudence a reasonably prudent doctor who has similar training would apply in similar circumstances. Your legal team has to show that your doctor violated this standard, resulting in injuries from which you sustained quantifiable damages.

It can be challenging to prove that a physician's standards are comparable to another doctor's. This is why it is important to hire a law firm with access to experts who can give testimony on the medical field and what a reasonable professional in your doctor's position would have done.

It's not only doctors who commit medical errors, hospital staff members, like nurses and anesthesiologists can be liable for malpractice. This is especially true of emergency room personnel, where mistakes are frequently made due to a hectic atmosphere and overworked employees. Your lawyer may be able to obtain an expert witness from the emergency room staff who can explain what could have been done differently and why your doctor was unable to meet this standard.

Discovery

During the discovery phase your lawyer will gather and review evidence that could provide evidence to support a claim for malpractice. This includes medical records, witness statements as also expert testimony. These records can also be requested by the opposing legal team. This is done by interrogatories or requests for documents. Certain materials may be privileged and confidential because of privacy laws, for instance HIPAA's Privacy Rule.

You must also prove that your injury is the result of the negligence of your doctor. This is the most challenging part of a malpractice case as it requires expert witness testimony to support your claim.

Your lawyer will also question witnesses who can demonstrate the doctor's negligent actions. This can include radiologists, dentists nurses, assistants, nurses and other personnel who were involved in the treatment of your health. Your lawyer will know how to take powerful and convincing depositions to make these witnesses admitting that the doctor's negligence.

Most lawsuits are settled, or malpractice attorney settled, prior to reaching the trial stage. In cases involving medical malpractice it is a common practice as the costs of going to trial can be expensive. After the facts of your case have been established, a settlement could be discussed between you and your insurer of your doctor. If a settlement cannot be reached your case will go to trial.

Trial

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

Discovery is the next phase. This includes the exchange of medical records and depositions of witnesses. Your lawyer will use these evidence to show that your doctor violated the standards of care. The goal is to prove that the error resulted of negligence by the doctor and caused damages.

Aside from the witness statement, your medical malpractice attorney will work with a couple of expert witnesses to back up your claim. These experts will be provided medical records and specific information regarding your case in order to prepare for their deposition and testimony. They can also assist in making your case ready for trial.

As part of the trial preparation your lawyer will start settlement negotiations with the defense. This process could last for many years. During this time, you are recovering from your injuries and determining how much of your losses. When possible, it's beneficial for everyone to avoid litigation and settle outside of court. Your lawyer will carefully evaluate the merits of any settlement offer with your current and future recoveries. If the settlement offer is reasonable and fair, then your lawyer will encourage to accept it.

Damages

During the discovery phase, plaintiffs will be required to prove that their losses are substantial and that negligence on the part of the defendant has contributed to these damages. For instance, if a doctor failed to inform the patient that a surgical procedure had a 30% chance of losing a limb, and the surgery was performed perfectly but the patient lost their arm and the medical professional could be held accountable for malpractice.

A victim may also show 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 necessary to demonstrate that the plaintiff's expenses to pursue a successful legal claim which are over the amount demanded as compensation.

Our medical malpractice lawyer lawyers can provide a detailed explanation of the various types of damages that may be caused by a malpractice lawsuit including past, present and future medical expenses loss of income, suffering and pain and suffering, and other economic and non-economic losses. In general, the more severe the injury, the greater the award. A decision that is found to be a success could be overturned by an appeal. So, settling out of court can be a viable option for certain clients. It will help save time and money on litigation costs, aswell as avoiding the possibility of having a jury judge an issue on the basis of emotions rather than facts.