How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits are a complex matter. There are certain guidelines to follow, such as a time limit within which the lawsuit can be filed.

The plaintiff must also prove that the doctor's actions led to injuries and losses. This will require medical and hospital documents.

Complaint

Your lawyer will make a court complaint and summons if he or she has discovered evidence of negligence. The complaint will identify the defendants in the case and outlines the allegations you're making against them.

Malpractice claims are based upon the belief that doctors, nurses or other healthcare professionals owe patients the same level of care. This is the level of expertise and prudence the reasonably prudent doctor with the same training would employ in similar circumstances. Your legal team needs to show that your doctor breached this standard that resulted in injuries due to which you have suffered damages that are quantifiable.

It can be difficult to prove that a physician's standard is the same as another doctor's. This is why it's important to hire a law firm with access to experts who can provide testimony about the medical field and what reasonable medical professionals in your doctor's situation would have done.

It's not just doctors who make mistakes, but so do hospital personnel, like anesthesiologists and Malpractice Law nurses. This is especially true for emergency room staff, as mistakes are often attributed to a crowded environment and overworked employees. Your lawyer may be able obtain evidence from experts in the emergency department who can provide evidence of what should have been done and how your doctor's actions did not meet this standard.

Discovery

During the discovery process, your attorney will gather and look over evidence that could be used to support a malpractice claim. This includes medical documents, witness statements, expert testimony and more. The information may also be requested by the opposing legal team. This is typically done via inquiries and requests for production of documents. Certain materials could be protected and confidential because of privacy laws, such as HIPAA's Privacy Rule.

You must also prove your injury is the result of the negligence of the doctor. This is the most difficult aspect of a medical malpractice law case as it requires expert witness testimony that proves your claim.

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

Most lawsuits are settled before going to trial. This is particularly true in medical malpractice settlement cases since the cost of the trial process can be high. Once the facts of your case are established, a settlement may be discussed between you and your doctor's insurance company. If a settlement isn't attainable, your case will then go to trial.

Trial

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

Discovery is the next phase. This includes the exchange of medical records and depositions from witnesses. Your lawyer will make use of these statements to establish the doctor's breach of standard of care. The aim is to prove that the error was a result of negligence by the doctor and resulted in damages.

Your medical malpractice case lawyer will also work with one or more expert witnesses in support of your claim. These experts will receive medical records and specific information about your case to prepare for their deposition and testimony. They can also assist you in preparing your case for trial.

Your attorney will start discussions on settlement with the defense team as part of the trial preparation. The process can take several years. In this time, it is likely that you'll be recovering from your injuries and determining the extent and value of your losses. If possible, it's beneficial for everyone to avoid litigation and settle out of court. Your attorney will carefully evaluate the merits of a settlement offer against your current and future recovery. If the settlement seems reasonable your lawyer will convince you to accept it.

Damages

During the discovery phase, plaintiffs will need to show that their losses are substantial and that negligence on the part of the defendant has contributed to these damages. If, for instance, the doctor failed to inform the patient of the 30% risk that the procedure would result in the loss of a leg, and the surgery was flawless, but the patient lost a limb or limb, the doctor may be held accountable for negligence.

In order to be able to file a valid malpractice lawsuit, the person who is suing must prove that a competent lawyer could have been able to prevent their financial loss or at least reduce the size. It is sometimes referred to the "but for test". It is also important to show that the plaintiff's expenses to pursue a successful legal claim that is more than the amount sought as compensation.

Our medical malpractice lawyers are able to explain the different types of damages that may be caused by a malpractice lawsuit including the past, present and future medical expenses loss of income, pain and suffering as well as other non-economic losses. Generally, the more serious the injury, the greater the award. A verdict that is successful could be challenged by an appeal. Settlements outside of court could be beneficial to some clients. It could save money and time on litigation costs. It also reduces the risk of a jury deciding a case based on emotion instead of fact.