How to File a Medical Malpractice Lawsuit

Medical malpractice suits are complex. There are specific guidelines that must be met including a time limit within which the suit may be filed.

The claimant must also demonstrate that the actions of the doctor caused injuries and losses. This will require medical and hospital records.

Complaint

Your lawyer will submit a court complaint as well as summons after he has found evidence of misconduct. The complaint will identify the defendants and state the allegations you bring against them.

The basis for malpractice claims is the notion that a doctor or nurse or any other healthcare provider is obligated to a patient a minimum standard of care. This standard is defined as the degree of expertise and prudence that a reasonable medical professional trained similarly would apply in similar circumstances. Your legal team has to prove that your doctor violated this standard and resulted in you suffering quantifiable injury.

It can be challenging to prove that a physician's standards are the same as another doctor's. This is why it is essential to select a law firm that has access to experts who can give testimony on the medical field and what reasonable medical professionals in the same situation as your doctor would have done.

Not only doctors can make mistakes, but so can hospital staff, including anesthesiologists and nurses. This is particularly applicable to emergency room staff where mistakes are frequently due to a crowded environment and overworked employees. Your attorney might be able obtain evidence from experts in the emergency room who can provide evidence of what should have been done and how your doctor's actions did not meet this standard.

Discovery

During the discovery process the attorney will collect and examine evidence that may support a malpractice claim. This includes medical documents, witness statements, expert testimony, and more. The information may also be requested by the opposing legal team. This can be done via interrogatories or requests for documents. However, certain documents may be classified as confidential or privileged because of privacy laws such as HIPAA and its Privacy Rule.

You must also prove that your injury was the result of a negligence of the doctor. This is the most difficult aspect of a medical negligence claim because it requires expert witness testimony that proves your claim.

Your lawyer will also depose witnesses that can prove that the doctor was negligent. This could include radiologists, dentists, nurses, assistants and others who were involved in the care of your health. Your attorney will know how to conduct powerful and malpractice attorney convincing depositions to make witnesses to admit that the doctor's negligence.

Most lawsuits are settled before they go to trial. In the case of medical malpractice, this is especially common as the costs of going to trial can be expensive. Once the facts of your case have been established, a settlement could be discussed between you and your doctor's insurance company. If a settlement cannot be reached, your case could be heard in court.

Trial

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

Discovery is the next step. This involves the exchange of medical records and depositions of witnesses. Your lawyer will use these statements to prove your doctor's breach of the standard of care. The goal is to prove that the error resulted of the doctor's negligence and caused damage.

In addition to the witness statement, your medical malpractice attorney will collaborate with a couple of expert witnesses to support your claim. These experts will receive medical records and specific information about your case to prepare for their deposition and testify. They can also assist in making your case ready for trial.

Your attorney will begin settlement discussions with the defense team as part of the trial preparation. This process is ongoing throughout the trial and can sometimes last for years. In this time, you will be recovering from your injuries and determining the size and amount of your losses. It's in everyone's best interest to settle outside of the court and avoid litigation as often as possible. Your lawyer will carefully consider the advantages of a settlement offer against your current and future recovery. If the settlement is reasonable, your lawyer will encourage you to accept it.

Damages

During the discovery process, plaintiffs must show that their losses were substantial and that the negligence of the defendant was a factor in those damages. For instance, if the doctor failed to inform the patient that a surgery carried a 30 percent chance of losing a limb. Moreover, if the procedure was completed perfectly but the patient lost their arm, the medical professional may be liable for malpractice lawsuits.

A victim may also demonstrate that a competent lawyer could have prevented or reduced the financial loss. This is commonly referred to as the "but for" test. It is also essential to prove that the plaintiff has incurred costs to pursue a legal claim, which are greater than the amount sought in compensation.

Our medical malpractice attorneys can explain the various types of damages that may be awarded in a malpractice attorney case including past, malpractice attorney current and future medical expenses as along with lost income and pain and discomfort and other economic or non-economic losses. The more serious the injury, the more the award. However, a ruling that is successful may be rescinded when appealed. Settlements that are not in court may be beneficial for a few clients. It could save money and time in litigation fees. It also avoids the possibility of a jury deciding a case based on emotion instead of fact.