How to File a Medical Malpractice Lawsuit

Medical malpractice suits are complex. There are certain guidelines to be followed, which include a deadline within which the lawsuit can be filed.

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

Complaint

When your attorney's inquiry has discovered evidence of malpractice was committed, he will file a complaint with the court, along with a summons. The complaint will identify the defendants, and then state the allegations you make against them.

Malpractice claims are based on the idea that a doctor, nurse or other healthcare provider owes a patient a standard of treatment. This is the amount of competence and care the reasonably prudent doctor with the same training would employ in similar circumstances. Your legal team will have to prove that your doctor violated this standard which resulted in injuries from which you have suffered damages that are quantifiable.

The standard of care a physician provides is often a matter of opinion, and is often difficult to prove. It is important to hire an attorney who has access to experts in the medical field to provide proof of what a reasonable doctor would have done.

It's not just doctors who make medical errors; hospital staff members, such as nurses and anesthesiologists, also are susceptible to making mistakes. This is especially true of emergency room personnel, where mistakes are often attributed to a hectic atmosphere and overworked staff. Your attorney might be able to get testimony from experts in the emergency department who can provide evidence of the correct procedure and how the actions of your doctor fell short of this standard.

Discovery

During the discovery stage your lawyer will collect and analyze evidence that could support a malpractice case. This includes medical records, witness statements as well as expert testimony. These records can be requested by the legal team opposing the case. This is accomplished through interrogatories or requests for 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 negligence by the doctor. This is the most challenging aspect of a medical negligence case since it requires expert witness testimony to support your claim.

Your lawyer will also question any witnesses that can support the doctor's negligence. This includes radiologists, dentists, nurses, assistants and others who were involved in the treatment of your health. Your lawyer will know how to take effective and strong depositions so that these witnesses acknowledge that the doctor was negligent.

Most lawsuits are resolved, or settled before they reach the trial stage. For medical malpractice cases this is particularly common since the cost of going to trial can be expensive. After the facts of your case are established, a settlement may be reached between you and the insurer of your doctor. If a settlement is not reached, your case may proceed to trial.

Trial

Your attorney will file a lawsuit after having completed the initial investigation. If they conclude that you have a compelling case of malpractice, then they will file it. The complaint will clearly state the allegations and must be delivered to the defendant along with a summons.

The next step is discovery. This involves the exchange of medical records as well as depositions of witnesses. Your lawyer will make use of these evidences to prove your doctor's breach of standard of care. The objective is to prove that the error was a result of the doctor's negligence and caused damage.

In addition to the witness's testimony Alongside the statement of the witness, your medical malpractice attorney will also work with two or more experts to support your claim. These experts will be provided medical records and all the details regarding your case in order to prepare for their deposition and testify. They may also help prepare your case for trial.

As part of the trial preparation the attorney will initiate settlement negotiations with the defense. This process is ongoing throughout the course of the trial and may last for years. During this period, you will be recovering from your injuries while determining the magnitude and value of your losses. It's in everyone's best interest to settle your case outside of the court and avoid litigation as often as it is possible. Your lawyer will carefully evaluate the merits of any settlement with your current and potential recovery. If the settlement is fair the lawyer will advise 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 the damages. For instance, if a doctor failed to inform the patient that a surgery carried a 30 percent chance of losing a limb. Moreover, if the surgery was performed perfectly but the patient lost their arm or limb, the doctor could be held accountable for malpractice attorney malpractice.

A victim may also demonstrate that a competent lawyer could have prevented or minimized their financial loss. It is sometimes referred to the "but for test". It is also required to prove that the plaintiff has incurred costs in pursuit a successful legal claim, which are higher than the amount demanded in compensation.

Our medical malpractice attorneys can provide an explanation of the different types of damages given in a malpractice lawsuit which include past, present and future medical expenses, as along with lost income or income, pain and discomfort and other economic or non-economic losses. The more money you are awarded is, the more serious injury. However, a successful verdict can sometimes be overturned on appeal. So, settling outside of court can be a viable alternative for some clients. It will save time and money in costs for litigation, as well as avoid the potential risk of having a jury decide a case based on the basis of emotion rather than fact.