How to File a Medical Malpractice Lawsuit

Medical malpractice suits are complicated. There are specific guidelines to be followed, which include a time limit within which a lawsuit can be filed.

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

Complaint

After your attorney's investigation has uncovered evidence that malpractice lawyer was committed, he will file a formal complaint in court, along with a summons. The complaint identifies the defendants in your case and outlines the allegations you are making against them.

Malpractice claims are based on the notion that a doctor or nurse or any other healthcare provider owes a patient a standard of treatment. This is the level of competence and care reasonable doctors with similar training would use in similar situations. Your legal team must prove that your doctor did not adhere to this standard and resulted in you suffering quantifiable injury.

It can be challenging to prove that a physician's standard is the same as another doctor's. This is why it is crucial to choose a law firm with access to expert witnesses who can give testimony on the medical field and what a reasonable professional 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, also can be liable for malpractice. This is especially the case for emergency room personnel where mistakes are due to a crowded atmosphere and overworked personnel. Your lawyer could be in a position to obtain expert testimony from emergency room personnel who can demonstrate what should have happened and how your doctor failed to meet this standard.

Discovery

During the discovery stage, your attorney will collect and review evidence that could support a malpractice case. This could include medical records, witness statements, as and expert testimony. This information can also be requested by the legal team opposing the case. This is typically done via interrogatories as well as requests for production of documents. Certain materials are considered to be privileged and confidential due to privacy laws, like HIPAA's Privacy Rule.

You must also prove your injury was the result of a doctor's negligence. This is the most difficult aspect of a case involving medical negligence since it requires expert evidence to support your claim.

Your lawyer will also depose any witnesses that can support the doctor's negligent actions. This could include radiologists, dentists, nurses, assistants and other people who were involved in the care of your health. Your lawyer will know how to conduct powerful and effective depositions to ensure that witnesses to admit that the doctor's negligence was a factor.

Most lawsuits are resolved, malpractice lawsuit or settled before they reach the trial stage. This is particularly true in medical malpractice cases because the costs involved in trial can be high. Once the facts are established, you can negotiate a settlement with the insurance company that covers the doctor. If a settlement isn't possible, your case will then proceed to trial.

Trial

Your lawyer will file a complaint after completing the initial investigation. If they conclude that you have a solid case of malpractice, they will file it. This will clearly state your allegations and will be served on the defendant, along with a summons.

The next phase involves discovery. This includes the exchange of medical records as well as depositions of witnesses. Your lawyer will make use of these statements to prove your doctor's breach of the standard of care. The goal is to show that the error was the result of the negligence of the doctor, and caused damage.

Your medical malpractice attorney will also work with one or more expert witnesses to back your claim. They will be provided with medical records as well as detailed information regarding your case, to prepare for their depositions and testimonies. They can also assist you in preparing your case for trial.

Your lawyer will initiate talks with the defense during the trial preparation. This process is ongoing throughout the course of the trial and can sometimes last for years. In this time, you'll be recovering from your injuries and determining the extent and value of your losses. When you can, it's in everyone's best interest to avoid litigation and settle out of court. Your lawyer will carefully weigh the advantages of a settlement offer against your present and long-term recovery. If the settlement proposal is reasonable, then your lawyer will encourage to accept it.

Damages

During the discovery phase, plaintiffs need to show that their losses are significant and that the negligence of the defendant contributed to these damages. If, for example, the doctor did not inform the patient of the 30 percent likelihood that the procedure will result in the loss of a leg, and the surgery was perfect, but the patient lost an arm and limb, malpractice lawsuit then the medical professional could be held accountable for malpractice.

A victim can also prove that a skilled lawyer could have prevented or reduced the financial loss. This is often referred to as the "but for" test. In addition, it is important to show that the plaintiff's expenses to pursue a legal claim that is greater than the amount demanded as compensation.

Our medical malpractice attorneys can explain the various kinds of damages given in a malpractice lawsuit which include past, present and future medical expenses, as also loss of income or income, pain and discomfort and other non-economic losses. The higher the award the more serious the damage. A ruling that is deemed to be successful can be rescinded by appeal. So, settling out of court could be a beneficial option for some clients. It will help save time and money on litigation costs, aswell as avoiding the risk of having a jury decide an issue on the basis of emotion rather than fact.