How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits are a complex matter. There are specific guidelines to follow, including a time limit within which a lawsuit can be filed.

In addition to the need to prove negligence, the plaintiff must also prove that the doctor's actions caused injuries and losses. This will require medical and hospital records.

Complaint

Your lawyer will make a court complaint and summons after he has found evidence of misconduct. The complaint will identify the defendants and make the allegations against them.

Malpractice claims are founded on the notion that nurses, doctors or other healthcare professionals owe patients a certain standard of care. This is defined as the level of care and skill that a reasonable medical professional with similar training would apply in similar circumstances. Your legal team must demonstrate that your doctor did not adhere to this standard and resulted in you suffering quantifiable injury.

It can be a challenge to prove that a physician's standard is the same as another doctor's. It is crucial to employ an attorney who has access to experts in the medical field to provide proof of what a reasonable professional would have done.

Not only doctors can make mistakes, but so can hospital staff, including anesthesiologists and nurses. This is especially applicable to emergency room staff where mistakes are usually due to a crowded environment and overworked staff. Your lawyer could be in a position to obtain an expert witness from the emergency room staff who can show what could have been done differently and how your doctor failed to fulfill this standard.

Discovery

In the discovery phase, your attorney will collect and review evidence that may support a malpractice law firm case. This includes medical records, witness statements, expert testimony and more. The legal team on the other side may also be able to request the information from you and your attorney. This is typically done via inquiries and requests for production of documents. Certain documents could be classified as confidential or privy due to privacy laws like 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 element of a medical negligence claim as it requires an expert testimony to support your claim.

Your lawyer will also question witnesses who can demonstrate the doctor's negligence. This could include nurses, assistants radiologists, dentists, and others who were involved in your care. Your lawyer will be adept in preparing powerful and effective depositions to get these witnesses to admit that the doctor's negligence was not their fault.

Most lawsuits are settled, or settled, before they get to the trial stage. This is especially common in medical malpractice cases since the costs associated with trial can be expensive. Once the facts are established you can negotiate an agreement with the insurance company that covers the doctor. If a settlement isn't attainable the case will proceed to trial.

Trial

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

The next phase is discovery. The next step involves discovery. This includes the exchange and deposition of witnesses. Your lawyer will make use of these statements to establish your doctor's breach of the standard of care. The aim is to prove that the error resulted of negligence by the doctor and caused damage.

Your medical malpractice lawyer will also work with one or more expert witnesses to support your claim. These experts will be given medical records and detailed information about your case to prepare for their deposition and testify. They may also help prepare your case for trial.

Your lawyer will initiate negotiations with the defense during the trial preparation. This process is ongoing throughout the trial and can sometimes last for years. During this period, you will be recovering from your injuries while determining the amount and value of your damages. It's in everyone's interest to settle out of court whenever feasible. Your attorney will carefully compare the merits of any settlement offer with your current and future recovery. If the settlement offers are reasonable your lawyer will advise you to accept it.

Damages

During the discovery phase, plaintiffs will have to prove that their losses are substantial and that the negligence of the defendant contributed to the damages. For example, if the doctor failed to inform the patient that a surgery carried a 30 percent chance of losing a limb, and the surgery was performed perfectly but the patient lost their arm, the medical professional may be held accountable for malpractice.

A victim can also prove that a competent lawyer could have averted or reduced their financial loss. This is commonly referred as the "but for" test. It is also important to show that the plaintiff incurred costs in the pursuit of a legal claim that are in excess of the amount sought as compensation.

Our medical malpractice attorneys can explain the various types of damages that can be given in a malpractice lawsuit which include past, present and future medical expenses, as well as lost income, pain and discomfort, and other economic or non-economic loss. The higher the award the more serious the damage. However, a decision that is successful could be reversed on appeal. Settlements outside of court may be beneficial for certain clients. It could save money and time in court costs. It also helps avoid the risk of a jury making a decision based on emotions instead of facts.