How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits are complex. There are specific guidelines to follow, including the time frame within which the 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

If your attorney's probe has uncovered evidence that malpractice occurred, the attorney will file a lawsuit in court along with a summons. The complaint will identify the defendants in your case and clearly states the allegations you're making against them.

Malpractice claims are founded on the notion that nurses, doctors and other healthcare providers are obligated to a patient an appropriate level of care. This is defined as the amount of expertise and prudence that a reasonably prudent medical professional with the same training would apply in similar circumstances. Your legal team must demonstrate that your doctor did not adhere to this standard and caused you to suffer quantifiable harm.

A doctor's standard of care is often a matter of opinion and can be difficult to prove. It is essential to find an attorney who has access to experts in the field of medicine to provide evidence of what a competent professional would have done.

It's not only doctors who commit medical mistakes; hospital staff members, such as nurses and anesthesiologists can be liable for malpractice. This is especially applicable to emergency room staff where mistakes are frequently due to a crowded atmosphere and overworked workers. Your lawyer could be able to secure an expert witness from the emergency room personnel who can explain the circumstances that led to the incident and the reason why your doctor failed to fulfill this standard.

Discovery

During the discovery process during the discovery phase, your lawyer will gather and review evidence that may prove a malpractice case. This includes medical records and witness statements as also expert testimony. The legal team of the other side can also have the chance to request the information from you and your attorney. This is usually done through interrogatories as well as requests for production of documents. Certain materials could be protected and confidential because of privacy laws, like HIPAA's Privacy Rule.

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

Your lawyer will also depose any witnesses that can support the negligence of the doctor. This can include nurses, assistants radiologists, dentists, and other personnel who were involved in your care. Your lawyer will know how to take effective and powerful depositions to ensure that witnesses to accept that the doctor was negligent.

Most lawsuits are settled before they go to trial. In medical malpractice cases this is particularly common due to the fact that going to trial can be expensive. Once the facts are established, you can negotiate a settlement with the insurance company that covers the doctor. If a settlement is not reached, your case could be heard in court.

Trial

Your attorney will file a complaint following having completed the initial investigation. If they determine that you have a strong case for malpractice, then they will file it. This will clearly state your allegations and must be served on the defendant, along with a summons.

The next phase is discovery. The next step involves discovery. This includes the exchange and depositions of witnesses. Your lawyer will use the statements to prove that your doctor violated the standard of care. The objective is to prove that the error was a result from the negligence of the doctor that resulted in damages.

Apart from the witness's statement, your medical malpractice attorney will work with a couple of experts to support your claim. These experts will be given medical records and specific information regarding your case in order to prepare for their testimony and malpractice attorney deposition. They can also assist in the preparation of your case for trial.

As part of the preparation for trial the attorney will initiate negotiations for settlement with the defense. This process can last for many years. During this time, you are recovering from your injuries and determining how much of your injuries. If you can, it is beneficial for malpractice attorney everyone to avoid litigation and settle out of court. Your attorney will carefully evaluate the merits of a settlement offer against your present and long-term recovery. If the settlement offers are reasonable, your lawyer will encourage you to accept it.

Damages

During the discovery phase, plaintiffs will have to prove that their losses are significant and that the negligence of the defendant has contributed to the damages. If, for example, the doctor failed to inform the patient of the 30 percent likelihood that the procedure will result in the loss of leg, and the surgery was perfect but the patient lost an arm in the process, then the medical professional could be held responsible for negligence.

A victim can also prove that a skilled lawyer could have prevented or reduced the financial loss. This is sometimes referred to the "but for test". It is also required to prove that the plaintiff has incurred expenses to pursue a legal claim that is more than the amount sought in compensation.

Our medical malpractice lawyers can explain the various kinds of damages that can be granted in a malpractice lawyer case, including past, current and future medical expenses as well as loss of income and pain and discomfort and other non-economic loss. The more money you are awarded the more serious the damage. However, a decision that is successful could be reversed upon appeal. So, settling out of court can be a viable option for a few clients. It can save money as well as time on litigation costs. It also helps avoid the risk of a juror making a decision based on emotions instead of facts.