How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits are a complex matter. There are certain guidelines to be adhered to including a certain time period within which the suit could be filed.

The claimant also has to prove that the doctor's actions resulted in injuries and losses. This will require medical and hospital documents.

Complaint

Your lawyer will make a court complaint and summons if he or she has discovered evidence of malpractice. The complaint names the defendants in the case and outlines the allegations you are making against them.

Malpractice claims are based upon the belief that nurses, doctors, or other healthcare professionals owe patients an appropriate level of care. This is the standard of competence and prudence that a reasonably prudent doctor who has similar training would apply in similar situations. Your legal team has to prove that your doctor violated this standard and caused injuries to which you have suffered damages that are quantifiable.

It can be a challenge to prove that a doctor's standards are the same as another doctor's. This is why it's important to hire a law firm that has access to experts who can testify about the medical field and what reasonable medical professionals in your doctor's position would have done.

Not only physicians can make mistakes, but so can hospital personnel, such as nurses and anesthesiologists. This is particularly relevant to emergency room personnel where mistakes are often caused by a hectic environment and overworked employees. Your lawyer may be able obtain evidence from experts in the emergency department who can explain the proper procedure and how the actions of your doctor were not up to the standard.

Discovery

During the discovery process your lawyer will gather and look over evidence that might support a malpractice claim. This includes medical records, witness statements as also expert testimony. The legal team of the other side will also have the option to request these documents from you and your attorney. This usually happens through interrogatories and requests for the production of documents. Certain materials may be privileged and secret due to privacy laws, such as HIPAA's Privacy Rule.

You must also prove that your injury is the result of negligence by the doctor. This is the most difficult part of a medical negligence claim because it requires an expert testimony to support your claim.

Your lawyer will also interview witnesses to prove that the doctor was negligent. This can include radiologists, dentists as well as nurses, assistants and others who were involved in the treatment of your health. Your attorney will know how to conduct effective and powerful depositions so that these witnesses admit that the doctor was negligent.

Most lawsuits are resolved, or settled, before they get to the trial stage. This is especially true for medical malpractice cases, since the costs involved in the trial process can be high. Once the facts are established, you can negotiate an agreement with the insurer of the doctor. If a settlement isn't possible, your case will then go to trial.

Trial

Your attorney will file a complaint after conducting the initial investigation. If they decide that you have a compelling case for malpractice, then they will file it. The complaint will be clear in its allegations and must be served on the defendant, along with a summons.

The next phase involves discovery. This includes the exchange of medical records and depositions from witnesses. The lawyer will use the evidence to prove that your doctor acted in violation of the standard of care. The aim is to prove that the error was a result from the negligence of the doctor that caused damage.

Apart from the witness's statement, your medical malpractice law firms attorney will also work with two or more experts to support your claim. They will be provided with medical records and specific information about your case in preparation for their deposition and testify. They may also assist in preparing your case for trial.

As part of the trial preparation, your attorney will begin 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 damages. It's in everyone's best interest to settle the matter out of court and avoid litigation whenever it is possible. Your attorney will carefully assess the merits of any settlement offer with your current and future recoveries. If the settlement proposal is reasonable the attorney will convince you to accept it.

Damages

During the process of discovery the plaintiffs must prove that their losses were significant and that the negligence of the defendant was a factor in the damages. If, for instance, the doctor did not inform the patient of the 30 percent likelihood that the procedure will result in the loss of leg, and the surgery was successful, but the patient lost an arm, then the medical professional may be held accountable for malpractice.

To be able to bring a valid malpractice suit, the plaintiff must prove that a competent attorney could have been able to avoid financial loss or at least reduce its size. This is commonly referred to as the "but for" test. In addition, it is required to prove that the plaintiff was liable for costs to pursue a successful legal claim which are more than the amount sought as compensation.

Our medical malpractice lawyers can provide an explanation of the different types of damages that could be awarded in a case of malpractice which include past, present and future medical expenses, as well as lost income and pain and discomfort and other non-economic losses. The more money you are awarded the more serious the damage. However, a decision that is successful can sometimes be overturned in appeal. So, settling out of court can be a viable alternative for some clients. It will help save time and money on litigation fees, malpractice as well as avoiding the risk of having a jury decide a case on the basis of emotion instead of fact.