How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits can be a bit complicated. There are specific guidelines to follow, for example a deadline within which a lawsuit can be filed.

In addition to proving negligence, the claimant must also prove that the actions of the doctor caused injuries and losses. This will require hospital and medical documents.

Complaint

Your attorney will submit a court complaint as well as summons after he has discovered evidence of malpractice attorney. The complaint will identify the defendants and state the allegations you have made against them.

Malpractice claims are based on the idea that a doctor, nurse or other healthcare provider owes the patient a standard of treatment. This is the level of competence and prudence that an appropriately prudent doctor with similar training would use in similar situations. Your legal team must prove that your doctor violated this standard and caused you to suffer harm.

It isn't easy to prove that a doctor's standards are comparable to another doctor's. This is why it is important to work with a legal firm with access to experts who can provide testimony about the medical field and what reasonable professionals in the same situation as your doctor would have done.

It is not just physicians who commit medical mistakes; hospital staff members, such as nurses and anesthesiologists are susceptible to making mistakes. This is particularly true of emergency room personnel, where mistakes are often attributed to a crowded environment and overworked workers. Your lawyer may be able to secure testimony from experts in the emergency department who can explain what should have been done and why your doctor's actions did not meet the standards.

Discovery

During the discovery phase, your attorney will gather and examine evidence that may support a malpractice claim. This includes medical records, witness statements expert testimony, and more. The legal team representing the other side may also be able to obtain this information from you and your attorney. This is typically done through interrogatories as well as requests for production of documents. Certain materials are considered to be privileged and confidential because of privacy laws, like HIPAA's Privacy Rule.

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

Your lawyer can also question witnesses who can prove that the doctor was negligent. This could include radiologists, dentists as well as nurses, assistants and others who were involved in the treatment of your health. Your attorney will be skilled at taking strong and effective depositions that force these witnesses to admit that the doctor's negligence was not their fault.

Most lawsuits are settled before they go to trial. This is particularly true for medical malpractice cases, since the costs involved in a trial can be very high. After the facts of your case have been established, a settlement could be negotiated between you and the insurance company of the doctor. If a settlement cannot be reached the case will go to trial.

Trial

Your lawyer will file a formal complaint after an initial investigation. If they decide that you have a compelling case of malpractice, they will file the complaint. This will clearly state the allegations and be sent to the defendant with the summons.

The next phase involves discovery. This involves the exchange of medical records as well as depositions from witnesses. Your lawyer will use these documents to prove your doctor's breach of the standard of care. The aim is to prove that the error was a result of negligence on the part of the doctor and resulted in damages.

Your medical malpractice lawyer will also work with one or more expert witnesses to support your claim. These experts will receive medical records and detailed information regarding your case to prepare for their deposition and testimony. They may also help in making your case ready for trial.

As part of the preparation for trial your attorney will begin settlement negotiations with the defense. The process can take several years. In this time, it is likely that you will be recovering from your injuries and determining the extent and value of your damages. When possible, it's beneficial for everyone to avoid litigation and settle outside of court. Your attorney will carefully compare the merits of any settlement offer against your current and potential recovery. If the settlement is reasonable, your lawyer will encourage you to accept it.

Damages

During the discovery process plaintiffs must demonstrate that their losses were significant and that the negligence of the defendant caused those damages. For example, if the doctor failed to inform the patient of the 30% chance that the procedure could result in the loss of a limb, and the surgery was flawless, but the patient lost a limb and limb, then the medical professional may be held accountable for negligence.

In order to be able to file a valid malpractice lawsuit, the victim must prove that a competent attorney could have been able to reduce their financial loss, or at the very least, reduce the amount. This is commonly referred as the "but for" test. In addition, it is required to prove that the plaintiff incurred costs to pursue a successful legal claim which are greater than the amount sought for compensation.

Our medical malpractice lawyers are able to explain the different types of damages that can be sustained in a malpractice lawsuit including past, present and foreseeable medical expenses, lost income, suffering and pain and suffering, as well as other non-economic losses. The more money you are awarded the more serious the injury. However, a ruling that is successful can sometimes be overturned in appeal. So, settling outside of court could be a good alternative for some clients. It can save time and money in costs for litigation, as well being able to avoid the potential risk of having a jury judge an issue on the basis of emotion rather than facts.