How to File a Medical Malpractice Lawsuit

Medical malpractice law firms lawsuits can be a bit 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 doctor's actions resulted in injuries and losses. This will require medical and hospital records.

Complaint

Once your attorney's investigation has revealed evidence that a malpractice occurred, he or she will file a lawsuit in court along with summons. The complaint will identify the defendants, and then state the allegations you bring against them.

The basis for malpractice claims is the idea that a doctor or healthcare provider owes the patient a certain standard of care. This standard is defined as the level of expertise and prudence that a reasonably prudent medical professional trained similarly would exercise in similar circumstances. Your legal team has to prove that your doctor breached this standard and caused injuries to which you suffered quantifiable damages.

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

It's not just doctors who make mistakes, but also hospital personnel, such as nurses and anesthesiologists. This is particularly the case for emergency room personnel where mistakes are often caused by a hectic environment and overworked staff. Your lawyer could be able to get expert testimony from emergency room staff who can show what should have happened and the reason why your doctor failed to meet this standard.

Discovery

During the discovery phase your lawyer will gather and look over evidence that might support a malpractice claim. This includes medical documents, witness statements expert testimony, and more. These records can be requested by the opposing legal team. This is typically done via interrogatories as well as requests for production of documents. Certain materials may be privileged and private due to privacy laws, such as HIPAA's Privacy Rule.

You must also prove your injury was caused by the negligent doctor. This is the most challenging part of a medical malpractice case because it requires an expert witness testimony that proves your claim.

Your lawyer will also call witnesses who can demonstrate the doctor's negligence. This could include nurses, assistants radiologists, dentists, and other personnel who were involved in your care. Your lawyer will be proficient in taking effective and convincing depositions to get these witnesses to admit that the doctor's negligence was a factor.

Most lawsuits are resolved, or settled, prior to reaching the trial stage. In medical malpractice cases this is particularly common since the cost of going to trial can be quite expensive. After the facts of your case are established, a settlement can be agreed upon between you and the insurance company for the doctor. If a settlement cannot be reached, your case will then go to trial.

Trial

When your lawyer has completed the initial investigation and decides you have a strong malpractice case they will file the complaint. The complaint will be clear in its allegations and be sent to the defendant with a summons.

The next step is discovery. This involves the exchange of medical records and depositions from witnesses. The lawyer will use the evidence to show that your doctor did not follow the standard of care. The goal is to establish that the error was the result of the doctor's negligence, and caused damage.

Your medical malpractice attorney will also work with one or more expert witnesses to back your claim. They will be provided with medical records and detailed information about your case to prepare for their deposition and testimony. They may also assist in preparing your case for trial.

As part of the preparation for trial the attorney will initiate settlement negotiations with the defense. The process continues throughout the case and can sometimes last for several years. In this time, it is likely that you will be recovering from your injuries and malpractice determining the amount and value of your damages. It is in everyone's best interests to settle the matter out of court whenever it is possible. Your lawyer will carefully consider the merits of a settlement offer against your current and future recovery. If the settlement proposal is reasonable and fair, then your lawyer will encourage to accept it.

Damages

During the discovery phase, plaintiffs will need to prove that their losses are significant and that negligence on the part of the defendant has caused these damages. If, for instance, the doctor did not inform the patient of the 30% risk that the procedure would result in the loss of limb, and the surgery was successful, but the patient lost an arm in the process, then the medical professional could be held liable for negligence.

A victim may also show that a skilled lawyer could have prevented or mitigated their financial loss. This is sometimes referred to as the "but for" test. It is also required to prove that the plaintiff incurred costs to pursue a successful legal claim that are in excess of the amount of compensation sought.

Our medical malpractice lawyers can provide a detailed explanation of the various types of damages that may be caused by a malpractice lawsuit including past, present and future medical expenses and lost income, as well as pain and suffering as well as other non-economic losses. The higher the amount the more serious the injury. A successful verdict may be overturned through an appeal. Settlements outside of court could be beneficial to some clients. It could save money and time in court costs. It also avoids the possibility of a jury making a decision based on emotions rather than facts.