How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits can be a bit complicated. There are specific guidelines to be adhered to including a specified time period during which the suit can be filed.

In addition to proving negligence, the claimant must also prove that the doctor's actions caused injuries and losses. This will require medical and hospital records.

Complaint

Your lawyer will submit a court complaint as well as summons when he/she has found evidence of malpractice. The complaint will identify the defendants and make the allegations you have made against them.

The basis for malpractice claims is the notion that a doctor or nurse or any other healthcare provider owes the patient a minimum standard of care. This is the level of expertise and prudence a reasonably prudent doctor with similar training would employ in similar circumstances. Your legal team needs to show that your doctor violated this standard that resulted in injuries due to which you sustained quantifiable damages.

The standard of care a physician provides is often an issue of opinion, and it is often difficult to prove. This is why it is essential to select a law firm that has access to expert witnesses who can testify on the medical field and what reasonable professionals in your situation would have done.

It's not just doctors who make mistakes, but so do hospital personnel, such as anesthesiologists and nurses. This is particularly applicable to emergency room staff where mistakes are caused by a busy environment and overworked staff. Your lawyer may be in a position to obtain experts from emergency room personnel who can show what should have happened and why your doctor was unable to meet this standard.

Discovery

During the discovery phase your lawyer will gather and look over evidence that might be used to support a malpractice claim. This includes medical records, witness statements, expert testimony and more. The legal team on the other side may also be able to request this information from you and your attorney. This is done through interrogatories or requests for documents. Certain materials may be privileged and secret due to privacy laws, for instance HIPAA's Privacy Rule.

It is also necessary to prove that your injury was the result of a doctor's negligence. This is the most difficult aspect of a medical negligence case because it requires an expert witness testimony to support your claim.

Your lawyer can also question witnesses who can prove the doctor was negligent. This could include radiologists dentists as well as nurses, assistants and other people who were involved in the treatment of your health. Your lawyer will know how to conduct powerful and convincing depositions in order to get witnesses to acknowledge that the doctor was negligent.

The majority of lawsuits are resolved or settled, before they get to the trial stage. For medical malpractice cases this is the most common due to the fact that going to trial can be expensive. Once the facts are established you can negotiate a settlement with the insurer of the doctor. If a settlement isn't reached, your case could be heard in court.

Trial

Once your attorney has completed the initial investigation and decides you have an excellent malpractice case, they will file the complaint. The complaint will clearly state the allegations and must be delivered to the defendant along with a summons.

Discovery is the next step. The next phase is discovery. This includes depositions and exchange of witnesses. Your lawyer will make use of these documents to prove your doctor's breach of the standard of care. The aim is to prove that the error resulted of the doctor's negligence and caused damage.

Your medical malpractice attorney will also collaborate with one or more expert witnesses to prove 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 lawyer will initiate settlement discussions with the defense team as part of the preparation for trial. This process can last for several years. In this time, you'll be recovering from your injuries while determining the magnitude and value of your losses. If you can, it is in everyone's best interest to avoid litigation and settle out of court. Your lawyer will carefully weigh the merits of a settlement against your current and lawyers long-term recovery. If the settlement offer is reasonable, then your lawyer will encourage to accept it.

Damages

During the discovery phase, plaintiffs will have to prove that their losses are substantial and that the negligence of the defendant contributed to these losses. 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 done correctly but the patient lost their arm, the medical professional may be held accountable for negligence.

In order to be able to file a valid malpractice suit, the plaintiff must prove that a competent attorney could have been able to avoid financial loss or at the very least, reduce the amount. This is sometimes referred to as the "but for" test. It is also necessary to show that the plaintiff has paid for expenses in the pursuit of a successful legal claim that is greater than the amount they seek in compensation.

Our medical malpractice lawyers are able to explain the various types of damages that may be suffered in a malpractice lawsuit including the past, present and future medical expenses loss of income, suffering as well as other non-economic losses. The higher the amount the more serious the damage. However, a successful verdict could be reversed on appeal. Settlements outside of court could be beneficial for certain clients. It could save money and time in court costs. It also reduces the possibility of a jury choosing a case based on emotion rather than fact.