How to File a Medical Malpractice Lawsuit

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

In addition to the need to prove negligence, the plaintiff must show that the doctor's actions resulted in injuries and losses. This will require hospital and medical documents.

Complaint

Your attorney will prepare a court-appointed complaint and summons after he has found evidence of malpractice. The complaint identifies the defendants in the case and outlines the allegations you are making against them.

Malpractice claims are founded on the premise that nurses, doctors and other healthcare professionals owe patients the highest standard of care. This standard is defined as the degree of care and skill that a reasonably prudent medical professional with similar training would exercise in similar circumstances. Your legal team must prove that your doctor violated this standard and caused you to suffer damages.

The standard of care a physician provides is often a matter of opinion, and is difficult to prove. It is crucial to employ an attorney who has access to experts in the field of medicine to testify about what a reasonable doctor would have done.

It is not just physicians who make mistakes in their medical practice; hospital staff members, like nurses and anesthesiologists can commit malpractice. This is especially true for emergency room staff, where errors are usually due to the crazed atmosphere and overworked workers. Your lawyer could be in a position to get expert testimony from emergency room staff who can explain what could have been done differently and the reason why your doctor failed to meet the standard.

Discovery

During the discovery process during the discovery phase, your attorney will collect and examine evidence that may prove a malpractice claim. This includes medical documents, witness statements expert testimony, and more. This information can also be requested by the opposing legal team. This is usually done through inquiries and requests for production of documents. However, certain materials may be privileged or confidential due to privacy laws such as HIPAA and its Privacy Rule.

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

Your lawyer will also call witnesses to prove that the doctor was negligent. This could include nurses, assistants radiologists, dentists, and others who were involved in your treatment. Your attorney will know how to take effective and strong depositions so that witnesses to admitting that the doctor's negligence was a factor.

The majority of lawsuits are settled before they reach trial. This is particularly common in medical malpractice cases because the costs of the trial process can be high. Once the facts of your case have been established, a settlement could be agreed upon between you and the insurer of your doctor. If a settlement isn't reached, the case may go to trial.

Trial

Your lawyer will file a formal complaint after conducting the initial investigation. If they decide that you have a compelling case of malpractice, then they will file it. The complaint will clearly state your claims and will be served to the defendant along with a summons.

The next step is discovery. This includes the exchange of medical records as well as depositions of witnesses. Your lawyer will use these documents to prove the doctor's breach of standard of care. The objective is to prove that the error was the result from the negligence of the doctor that caused damages.

Your medical malpractice attorney will also collaborate with one or more expert witnesses to prove your claim. These experts will receive medical records and detailed information about your case in preparation for their depositions and testimony. They may also assist in the preparation of your case for trial.

Your lawyer will begin talks with the defense team as part of the trial preparation. This process can go on for several years. In this time, it is likely that you'll be recovering from your injuries and determining the magnitude and value of your losses. When possible, it's the best option for everyone to avoid litigation and settle outside of court. Your lawyer will carefully consider the merits of any settlement offer against your current and future settlement. If the settlement proposal is reasonable and fair, then your lawyer will be able to convince you to accept it.

Damages

During the discovery process the plaintiffs must prove that their losses were substantial and that the negligence of the defendant was a factor in those 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 arm, and the operation was flawless, but the patient lost a limb in the process, then the medical professional may be held accountable for malpractice.

A victim may also show that a competent lawyer could have prevented or mitigated their financial loss. This is often referred to as the "but for" test. It is also required to show that the plaintiff has paid for expenses in pursuing a successful legal claim, which is higher than the amount demanded in compensation.

Our medical malpractice lawyers are able to provide a detailed explanation of the various types of damages sustained in a malpractice lawsuit including past, present and future medical expenses, lost income, suffering and other economic and non-economic losses. In general, the more serious the injury, higher the award. However, a ruling that is successful can sometimes be overturned on appeal. Therefore, settling the case outside of court could be a good option for a few clients. It can save money and time on court costs. It also eliminates the risk of a jury choosing a case based on emotions rather than facts.