How to File a Medical Malpractice Lawsuit

Medical malpractice suits are complicated. There are certain guidelines to follow, for example the time frame within which the lawsuit may be filed.

The claimant also has to prove that the actions of the doctor caused injuries and losses. This will require medical and hospital records.

Complaint

When your attorney's inquiry has discovered evidence of malpractice occurred, the attorney will file a complaint with the court along with summons. The complaint names the defendants in the case and outlines the allegations you are making against them.

Malpractice claims are based on the notion that a doctor, nurse or other healthcare professional owes a patient a minimum standard of care. This standard is the level of competence and care reasonable doctors with similar training would employ in similar circumstances. Your legal team has to prove that your doctor violated this standard and resulted in you suffering quantifiable harm.

The standard of care for a doctor is usually 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 evidence of what a competent professional would have done.

It's not only doctors who make medical errors; hospital personnel, Malpractice Lawyers including nurses and anesthesiologists can be liable for malpractice. This is especially true for emergency room staff, whose mistakes are frequently made due to the crazed atmosphere and overworked staff. Your lawyer may be able to obtain testimony from experts in the emergency room who can provide evidence of the proper procedure and how the actions of your doctor fell short of this standard.

Discovery

During the discovery process the attorney will collect and review evidence that could be used to support a malpractice claim. This includes medical records, witness statements expert testimony and more. This information can be requested by the legal team opposing the case. This is usually done through interrogatories and requests for production of documents. However, certain documents may be classified as confidential or privy because of privacy laws like HIPAA and its Privacy Rule.

You must also prove that your injury is due to the doctor's negligence. This is the most challenging part of a medical malpractice case as it requires expert witness testimony that proves your claim.

Your lawyer will also interview witnesses who can prove that the doctor's actions were negligent. This can include assistants, nurses, radiologists, dentists and other personnel who were involved in your care. Your lawyer is skilled at taking strong and effective depositions that force these witnesses to admit that the doctor was negligent.

Most lawsuits are settled before they go to trial. In medical malpractice cases it is a common practice as the costs of going to trial can be expensive. Once the facts are established you can negotiate an agreement with the doctor's insurer. If no settlement can be reached, your case may be heard in court.

Trial

Once your attorney has completed the initial investigation and concludes that you have an excellent malpractice case, they will file the complaint. This will clearly state your claims and will be served to the defendant with a summons.

The next step is discovery. This includes the exchange of medical records and depositions from witnesses. The lawyer will use the evidence to show that your doctor violated the standards of care. The goal is to show that the error was caused by the negligence of the doctor, and caused damage.

In addition to the witness statement, your medical malpractice attorney will work with a couple of experts to support your claim. These experts will be provided 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 attorney will begin settlement discussions with the defense during the preparation for trial. This process can go on for many years. In this time, you will be recovering from your injuries and determining the extent and value of your damages. It's in everyone's best interest to settle your case outside of the courtroom and avoid litigation whenever possible. Your lawyer will carefully consider the merits of any settlement proposal with your current and future settlement. If the settlement proposal is reasonable and fair, then your attorney will convince you to accept it.

Damages

During the process of discovery plaintiffs must demonstrate that their losses were substantial and that the negligence of the defendant contributed to those damages. If, for instance, the doctor failed to inform the patient of the 30 percent possibility that the procedure might result in the loss of limb, and the surgery was perfect but the patient lost a limb, then the medical professional could be held responsible for negligence.

In order to be able to file a valid legal action, the defendant must prove that a competent lawyer would have been able to reduce their financial loss, or at least reduce its size. This is often referred to as the "but for" test. It is also required to show that the plaintiff has paid for expenses to pursue a legal claim, which is more than the amount sought in compensation.

Our medical malpractice lawyers are able to explain the different types of damages that can be caused by a malpractice lawsuit including future, present and past medical expenses as well as lost income, pain and suffering as well as other non-economic losses. The greater the amount of money awarded, the more serious injury. A successful verdict may be rescinded by appeal. Settlements that are not in court may be beneficial to some clients. It will reduce time and cost in litigation fees, as well being able to avoid the potential risk of having a jury judge an issue on the basis of emotions instead of fact.