How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits are complex. There are specific guidelines to follow, such as a deadline within which the lawsuit may be filed.

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

Complaint

Your lawyer will make a court complaint and summons once he or she has discovered evidence of malpractice. The complaint will identify the defendants, and then state the allegations you bring against them.

The basis for malpractice claims is the belief that a physician, nurse or other healthcare provider owes the patient a minimum standard of care. This is defined as the level of competence and care that a reasonable medical professional trained similarly could exercise in similar situations. Your legal team must to prove that your doctor did not meet this standard, resulting in injuries from which you suffered quantifiable damages.

A physician's standard of care is often an issue of opinion, and is 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 a reasonable professional 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 true for emergency room staff where mistakes are frequently caused by a hectic atmosphere and overworked workers. Your attorney might be able obtain evidence from experts in the emergency room who can help demonstrate what should have been done and how your doctor's actions were not up to the standard.

Discovery

During the discovery phase, your attorney will gather and look over evidence that could be used to support a malpractice claim. This includes medical documents, witness statements expert testimony, and more. These records can also be requested by the opposing legal team. This is typically done via inquiries and requests for production of documents. Certain materials are considered to be privileged and secret due to privacy laws, like HIPAA's Privacy Rule.

You must also prove your injury is due to the negligence of the doctor. This is the most difficult aspect of a case involving medical negligence since it requires expert testimony to back your claim.

Your lawyer will also question witnesses who can demonstrate the doctor's negligent actions. This could include assistants, nurses, radiologists, dentists and other personnel who were involved in your treatment. Your lawyer will be adept in preparing strong and persuasive depositions that force these witnesses to admit that the doctor's negligence was a factor.

Most lawsuits are settled, or settled, before they reach the trial stage. For medical malpractice cases this is particularly common as the costs of going to trial can be quite expensive. After the facts of your case have been established, malpractice lawsuits a settlement may be reached between you and the insurance company of the doctor. If a settlement isn't attainable your case will proceed to trial.

Trial

Your attorney will file a complaint following conducting the initial investigation. If they determine that you have a convincing case for malpractice, then they will file the complaint. The complaint will be clear in its claims and will be served to the defendant along with a summons.

Discovery is the next phase. This involves the exchange of medical records and depositions of witnesses. Your lawyer will use these statements to prove your doctor's breach of standard of care. The goal is to establish that the error was the result of the negligence of the doctor and caused damage.

In addition to the witness's testimony Your medical malpractice lawyer will collaborate with one or two expert witnesses to prove your claim. These experts will receive medical records and detailed information regarding your case, to prepare for their depositions and testimony. They may also help in preparing your case for trial.

Your attorney will begin negotiations with the defense during the trial preparation. This process continues throughout the case and can last for several years. During this time, you'll be recovering from your injuries and determining the size and amount of your damages. 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 offer against your current and future recovery. If the settlement seems reasonable the lawyer will advise 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 was a factor in those damages. For instance, if a doctor failed to inform the patient that a surgical procedure was associated with a 30 percent chance of losing a limb. Moreover, if the procedure was completed perfectly but the patient lost their arm and the medical professional could be held liable for malpractice.

To have a viable malpractice lawsuit, the person who is suing must prove that a competent lawyer would have been able to avoid financial loss or at a minimum, lessen its size. This is often referred to as the "but for test". In addition, it is required to prove that the plaintiff incurred costs to pursue a legal claim that are over the amount sought for compensation.

Our medical malpractice attorneys can provide an explanation of the different types of damages given in a malpractice lawsuit that include past, current and future medical expenses, as well as lost income or income, pain and discomfort and other economic or non-economic losses. The greater the amount of money awarded the more serious the damage. A ruling that is deemed to be successful can be overturned by an appeal. Therefore, settling out of court could be a beneficial option for a few clients. It can save time and money on litigation fees, as well being able to avoid the potential risk of having a jury decide a case on the basis of emotion instead of facts.