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 within which the suit could be filed.

The claimant must also demonstrate that the doctor's actions resulted in injuries and losses. This will require medical and hospital records.

Complaint

Your attorney will make a court complaint and summons if he or she has discovered evidence of negligence. The complaint will identify the defendants and make the allegations against them.

Malpractice claims are founded on the idea that nurses, doctors, or other healthcare providers owe a patient the same level of care. This standard is the level of skill and caution reasonable doctors who has similar training would apply in similar situations. Your legal team will have to show that your doctor did not meet this standard which resulted in injuries from which you sustained damages quantifiable.

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

It's not only doctors who commit medical errors, hospital staff members, such as nurses and malpractice attorney anesthesiologists can be liable for malpractice. This is particularly true for emergency room staff where mistakes are frequently due to a crowded environment and overworked employees. Your attorney may be able obtain evidence from experts in the emergency room that can assist in proving the proper procedure and how the actions of your doctor fell short of this standard.

Discovery

During the discovery phase, your attorney will gather and examine evidence that may be used to support a malpractice claim. This includes medical records, witness statements as in addition to expert testimony. The information could be requested by the legal team opposing the case. This is done by interrogatories or requests for documents. Certain materials may be privileged and secret due to privacy laws, for instance HIPAA's Privacy Rule.

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

Your lawyer will also interview witnesses that can prove that the doctor was negligent. This could include nurses, assistants radiologists, dentists, and other personnel who were involved in your treatment. Your lawyer will know how to conduct effective and powerful depositions so that these witnesses acknowledge that the doctor was negligent.

Most lawsuits are settled before going to trial. In the case of medical malpractice this is the most common since the cost of going to trial can be quite expensive. Once the facts are established, you can negotiate an agreement with the insurance company that covers the doctor. If a settlement isn't feasible the case will go to trial.

Trial

After your attorney has completed the initial investigation and concludes that you have a strong malpractice case they will file the complaint. The complaint will clearly state the allegations and be sent to the defendant in a summons.

The next stage is discovery. The next stage involves discovery. This includes depositions and exchange of witnesses. Your lawyer will make use of these statements to establish your doctor's violation of the standard of care. The goal is to prove that the error was a result of the doctor's negligence and caused damage.

Aside from the witness statement, your medical malpractice attorney will collaborate with two or more expert witnesses to back up your claim. They will be provided with medical records and detailed information regarding your case to prepare for their depositions and testimonies. They may also assist in making your case ready for trial.

As part of the trial preparation the attorney will initiate settlement negotiations with the defense. The process can take several years. During this time, it is important that you are recovering from your injuries and determining the severity of your injuries. When you can, it's beneficial for everyone to avoid litigation and settle outside of court. Your attorney will carefully evaluate the merits of a settlement offer against your current and future recovery. If the settlement proposal is reasonable, then your lawyer will encourage 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 contributed to the damages. If, for example, the doctor failed to inform the patient of the 30% possibility that the procedure might result in the loss of limb, and the surgery was perfect but the patient lost an arm in the process, then the medical professional could be held accountable for negligence.

In order to be able to file a valid malpractice suit, the plaintiff must also prove that a competent attorney could have helped reduce their financial loss, or at least minimize the amount. This is commonly referred to as the "but for" test. It is also necessary to prove that the plaintiff has paid for expenses in the pursuit of a successful legal claim, which is more than the amount sought in compensation.

Our medical malpractice lawyers can explain the different types of damages that can be sustained in a malpractice lawsuit including past, present and malpractice attorney foreseeable medical expenses, lost income, suffering and other economic and non-economic losses. The more money you are awarded, the more serious injury. A verdict that is successful could be rescinded by appeal. Therefore, settling the case outside of court can be an advantageous alternative for some clients. It will save time and money in court costs, as well as avoiding the possibility of having a jury judge a case on the basis of emotion rather than fact.