How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits can be very complicated. There are specific rules that must be followed with a specific time frame during which the suit can be filed.

In addition to showing negligence, the claimant must prove that the actions of the doctor resulted in injuries and losses. This will require medical and Malpractice hospital records.

Complaint

Your attorney will prepare a court-appointed complaint and summons if he or she has found evidence of misconduct. The complaint will identify the defendants and state the allegations you bring against them.

The basis for malpractice malpractice claims is the notion that a doctor or nurse or any other healthcare provider owes the patient a standard of treatment. This is the amount of competence and prudence that a reasonably prudent doctor who has similar training would apply in similar circumstances. Your legal team must show that your doctor did not adhere to this standard and resulted in you suffering quantifiable damages.

It can be difficult to prove that a physician's standard is the same as another doctor's. This is why it's essential to select a law firm with access to expert witnesses who can testify about the medical field and what a reasonable professional in your doctor's situation would have done.

It's not only doctors who commit medical mistakes; hospital staff members, like nurses and anesthesiologists may be guilty of malpractice. This is especially true for emergency room staff, where errors are usually due to a crowded environment and overworked staff. Your attorney may be able to get an expert witness from the emergency room personnel who can explain what should have happened and how your doctor failed to fulfill this standard.

Discovery

During the discovery process during the discovery phase, your attorney will collect and examine evidence that may support a malpractice claim. This includes medical records and witness statements as and expert testimony. These records can also be requested by the legal team opposing the case. This is typically done via interrogatories as well as requests for production of documents. Certain documents may be considered to be confidential and confidential due to privacy laws, such as HIPAA's Privacy Rule.

You must also prove your injury was caused by the negligence of the doctor. This is the most difficult part of a medical negligence case, as it requires expert testimony to back your claim.

Your lawyer will also call any witnesses that can prove the doctor's negligence. This can include nurses, assistants, radiologists, dentists and others who were involved in your care. Your lawyer will be proficient in preparing powerful and effective depositions to convince these witnesses to admit that the doctor was negligent.

The majority of lawsuits are settled prior to trial. This is especially true in medical malpractice cases since the cost of a trial can be extremely high. Once the facts are established, you can negotiate a settlement with the insurer of the doctor. If a settlement isn't feasible, your case will then go to trial.

Trial

Your attorney will file a complaint following having completed the initial investigation. If they conclude that you have a compelling case of malpractice, then they will file the complaint. The complaint will be clear in its allegations and must be handed to the defendant along with a summons.

Discovery is the next step. This includes the exchange of medical records as well as depositions from witnesses. Your lawyer will make use of the evidence to prove that your doctor did not follow the standard of care. The aim is to prove that the error was a result of negligence by the doctor and caused damages.

Your medical malpractice attorneys lawyer will also collaborate with one or more expert witnesses to prove your claim. These experts will receive medical records and all the details regarding your case in order to prepare for their deposition and testify. They may also help prepare your case for trial.

As part of the trial preparation, your attorney will begin negotiations for settlement with the defense. The process continues throughout the course of the trial and can sometimes last for several years. In this time, it is likely that you'll be recovering from your injuries and determining the extent and value of your injuries. It's in everyone's interest to settle out of the courtroom and avoid litigation whenever possible. Your attorney will carefully compare the merits of any settlement offer with your current and future recovery. If the settlement proposal is reasonable, then your attorney will convince you to accept it.

Damages

During the discovery process Plaintiffs must demonstrate that their losses were substantial and that the negligence of the defendant was a factor in those damages. For instance, if the doctor did not inform the patient that the procedure carried a 30 percent chance of losing a limb. Moreover, if the procedure was carried out perfectly but the patient lost their arm or limb, the doctor could be liable for malpractice.

To have a viable malpractice lawsuit, the victim must prove that a competent attorney would have been able to avoid financial loss or at least reduce the amount. This is sometimes called the "but for test". It is also required to prove that the plaintiff incurred costs to pursue a legal claim that are in excess of the amount of compensation sought.

Our medical malpractice lawyers can explain the different types of damages that may be sustained in a malpractice lawsuit including future, present and past medical expenses, lost income, pain and suffering and other economic and non-economic losses. The higher the amount, the more serious injury. A decision that is found to be a success could be rescinded by appeal. So, settling out of court may be a good option for a few clients. It can save money as well as time on litigation costs. It also reduces the risk of a juror making a decision based on emotions instead of facts.