How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits can be a bit complicated. There are certain guidelines that must be met including a specified time period within which the suit could be filed.

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

Complaint

If your attorney's probe has uncovered evidence that malpractice has occurred, he or she will file a complaint in court and issue a summons. The complaint identifies the defendants in your case and outlines the allegations you're making against them.

The basis for malpractice claims is the belief that a physician, nurse or Malpractice Attorney other healthcare provider is obligated to a patient a certain standard of care. This standard is defined as the level of expertise and prudence that a reasonable medical professional who has similar training could exercise in similar situations. Your legal team must demonstrate that your doctor did not adhere to this standard and caused you to suffer injury.

The standard of care for a doctor is often an issue of opinion, and is difficult to prove. This is why it is essential to select a law firm with access to experts who can testify about the medical field and what reasonable medical professionals in your doctor's situation would have done.

It's not only doctors who commit medical errors, hospital personnel, including nurses and anesthesiologists, also may be guilty of malpractice. This is especially applicable to emergency room staff where mistakes are frequently made due to a busy atmosphere and overworked personnel. Your attorney might be able to secure testimony from experts in the emergency room who can explain what could have been done and how your doctor's actions were not up to the standard.

Discovery

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

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

Your lawyer will also interview witnesses that can prove that the doctor was negligent. This could include radiologists dentists as well as nurses, assistants and other people who were involved in the care of your health. Your lawyer will know how to conduct powerful and effective depositions to ensure that witnesses to admit that the doctor's negligence was a factor.

Most lawsuits are settled before they go to trial. This is especially true in medical malpractice cases since the costs of a trial can be extremely expensive. Once the facts are established you can negotiate a settlement with the insurance company that covers the doctor. If a settlement cannot be reached your case will go to trial.

Trial

When your lawyer has completed the initial investigation and decides you have an excellent malpractice case, they will file the complaint. The complaint will clearly state your allegations and will be served on the defendant along with a summons.

Discovery is the next step. This involves the exchange of medical records and depositions from witnesses. Your lawyer will use these statements to prove your doctor's violation of the standard of care. The goal is to show that the error was the result of the negligence of the doctor and resulted in damages.

Aside from the witness statement, your medical malpractice attorney will collaborate with a couple of experts to support your claim. These experts will receive medical records and detailed information regarding your case in order to prepare for their testimony and deposition. They can also assist in the preparation of 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 trial and may last for many years. In this time, it is likely that you will be recovering from your injuries and determining the magnitude and value of your losses. It is in everyone's best interests to settle outside of the courtroom and avoid litigation whenever feasible. Your attorney will carefully compare the merits of any settlement offer against your current and future settlement. If the settlement is reasonable then your lawyer will encourage to accept it.

Damages

During the process of discovery, plaintiffs must show that their losses were substantial and that the negligence of the defendant contributed to those damages. For example, if the doctor did not inform the patient that a surgical procedure had a 30% chance of losing a limb. If the surgery was performed perfectly but the patient lost their arm in the process, the medical professional could be held accountable for negligence.

To be able to bring a valid malpractice suit, the plaintiff must prove that a competent lawyer could have helped avoid financial loss or at a minimum, lessen its size. This is often referred to as the "but for" test. It is also necessary to prove that the plaintiff incurred costs in pursuing a successful legal claim, which is greater than the amount sought in compensation.

Our medical malpractice lawyers can explain the different types of damages that may be granted in a malpractice case which include past, present and future medical expenses as along with lost income or income, pain and discomfort and other non-economic loss. The greater the amount of money awarded the more serious the injury. However, a ruling that is successful may be rescinded on appeal. Therefore, Malpractice Attorney settling the case outside of court could be a good option for some clients. It will save money and time in court costs. It also helps avoid the risk of a jury choosing a case based on emotion rather than fact.