How to File a Medical Malpractice Lawsuit

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

The plaintiff must also prove that the doctor's actions resulted in injuries and losses. This will require hospital and [Redirect-302] medical documents.

Complaint

After your attorney's investigation has uncovered evidence that 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 against them.

Malpractice claims are based upon the belief that nurses, doctors and other healthcare professionals owe patients the highest standard of care. This standard is defined as the amount of care and skill that a reasonably prudent medical professional who has similar training would exercise in similar circumstances. Your legal team has to prove that your doctor violated this standard that resulted in injuries due to which you suffered quantifiable damages.

The standard of care a physician provides is usually an issue of opinion, and it is difficult to prove. It is crucial to employ an attorney who has access to experts in the medical field to provide proof of what a reasonable doctor would have done.

Not only physicians can make mistakes, but so can hospital personnel, such as nurses and anesthesiologists. This is particularly true of emergency room staff, where mistakes are often made due to a crowded environment and overworked workers. Your attorney might be able to obtain testimony from experts in the emergency department that can assist in proving what should have been done and why your doctor's actions did not meet this standard.

Discovery

During the discovery stage, your attorney will collect and review evidence that may help in proving a malpractice case. This includes medical documents, witness statements, expert testimony and more. The legal team representing the other side may also be able to request these documents from you and your attorney. This is done by interrogatories or requests for documents. Certain materials may be privileged and private due to privacy laws, such as HIPAA's Privacy Rule.

You must also prove that your injury is due to the negligence of your doctor. This is the most challenging aspect of a medical malpractice case as it requires expert witness testimony that supports your claim.

Your lawyer will also depose any witnesses that can prove the doctor's negligent actions. This includes radiologists, dentists as well as nurses, assistants as well as other individuals who were involved in the care of your health. Your attorney will know how to conduct effective and powerful depositions to make these witnesses admit that the doctor was negligent.

Most lawsuits are resolved, or settled, before they get to the trial stage. In cases involving medical malpractice this is the most common as the costs of going to trial can be expensive. Once the facts are established then you can negotiate an agreement with the insurance company that covers the doctor. If a settlement cannot be reached, your case could proceed to trial.

Trial

Your lawyer will file a complaint following an initial investigation. If they determine that you have a solid case of malpractice, then they will file the complaint. The complaint will be clear in its allegations and must be served on the defendant, along with a summons.

The next phase is discovery. The next stage involves discovery. This includes the exchange and deposition of witnesses. The lawyer will use the evidence to show that your doctor violated the standards of care. The goal is to prove that the error was the result of the doctor's negligence and resulted in damages.

Your medical malpractice lawyer will also collaborate with one or more expert witnesses in support of your claim. These experts will receive medical records and specific information about your case to prepare for their deposition and testify. They can also assist you in preparing your case for trial.

As part of the trial preparation your lawyer will start settlement negotiations with the defense. The process can take several years. During this time, it is important that you are recovering from your injuries and determining the extent of your losses. If possible, it's the best option for everyone to avoid litigation and settle out of court. Your attorney will carefully weigh the merits of a settlement offer against your current and long-term recovery. If the settlement proposal is reasonable the 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 contributed to those damages. For example, if the doctor failed to inform the patient that a surgical procedure was associated with a 30 percent chance of losing a limb and the procedure was done correctly but the patient lost their arm in the process, the medical professional could be held liable for malpractice.

A victim may also show that a competent lawyer could have averted or reduced the financial loss. This is sometimes referred to the "but for test". In addition, it is required to prove that the plaintiff has incurred expenses in the pursuit of a legal claim that is greater than the amount sought as compensation.

Our medical malpractice law firm attorneys can explain the various kinds of damages that could be granted in a malpractice case, including past, current and future medical expenses, as well as lost income as well as pain and discomfort and other non-economic loss. The greater the amount of money awarded is, the more serious injury. However, a ruling that is successful is sometimes overturned upon appeal. Settlements that are not in court may be beneficial for certain clients. It will reduce time and cost in court costs, as well being able to avoid the potential risk of having a jury decide cases on the basis of emotions instead of facts.