How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits are a complex matter. There are certain guidelines to follow, such as a time limit within which the lawsuit can be filed.

The claimant must also prove that the doctor's actions resulted in injuries and losses. This will require hospital and medical documents.

Complaint

When your attorney's inquiry has discovered evidence of malpractice was committed, he will file a lawsuit in court along with summons. The complaint will identify the defendants in your case and outlines the allegations you are making against them.

Malpractice claims are based on the belief that a physician, nurse or other healthcare professional owes a patient a certain standard of care. This standard is defined as the level of competence and care that a reasonable medical professional with the same training would exercise in similar circumstances. Your legal team must to show that your doctor breached this standard which resulted in injuries from which you sustained quantifiable damages.

The standard of care a physician provides is often an issue of opinion, malpractice lawyers and is often difficult to prove. It is crucial to employ an attorney who has access to experts in the field of medicine to provide evidence of what a competent professional would have done.

Not only physicians can make mistakes, but so can hospital staff, including anesthesiologists and nurses. This is particularly true for emergency room staff where mistakes are frequently caused by a busy environment and overworked staff. Your attorney might be able to obtain testimony from experts in the emergency room who can help demonstrate the proper procedure and why your doctor's actions were not up to the standard.

Discovery

In the discovery phase your lawyer will collect and analyze evidence that could be used to support a malpractice claim. This includes medical records and witness statements, as and expert testimony. The legal team of the other side will also have the opportunity to obtain this information from you and your attorney. This can be done via interrogatories or requests for documents. However, certain materials may be confidential or protected due to privacy laws such as HIPAA and its Privacy Rule.

You must also prove that your injury is due to the negligence of your doctor. This is the most difficult component of a medical negligence claim as it requires an expert evidence to support your claim.

Your lawyer will also interview witnesses who can demonstrate the doctor's negligent actions. This could include radiologists, dentists as well as nurses, assistants and other personnel who were involved in the care of your health. Your lawyer will know how to take effective and powerful depositions to ensure that these witnesses admit that the doctor was negligent.

Most lawsuits are resolved, or settled before they reach the trial stage. This is particularly true in medical malpractice cases because the costs of a trial can be very expensive. Once the facts are established, you can negotiate an agreement with the insurance company of the doctor. If a settlement is not reached, your case could proceed to trial.

Trial

After your attorney has completed the initial investigation and determines you have an excellent malpractice case, they will file the complaint. This will clearly outline the allegations and will be given to the defendant with a summons.

The next stage is discovery. The next step involves discovery. This includes the exchange and depositions of witnesses. Your lawyer will make use of these documents to prove your doctor's breach of standard of care. The aim is to prove that the error was the result of negligence on the part of the doctor and resulted in damages.

In addition to the witness statement In addition to the witness statement, your medical malpractice attorney will collaborate with two or three expert witnesses to support your claim. These experts will receive medical records and detailed information regarding your case, to prepare for their deposition and testimony. They may also help in the preparation of your case for trial.

As part of the preparation for trial your lawyer will start settlement negotiations with the defense. This process is ongoing throughout the course of the trial and can take up to years. In this time, you are recovering from your injuries and determining the magnitude of your injuries. It's in everyone's best interest to settle the matter out of court and avoid litigation whenever possible. Your attorney will carefully assess the merits of any settlement proposal with your current and potential recovery. If the settlement seems reasonable your lawyer will convince you to accept it.

Damages

During the discovery phase, plaintiffs have to prove that their losses are significant and that negligence on the part of the defendant caused these damages. If, for example, the doctor failed to inform the patient of the 30% chance that the procedure could result in the loss of a leg, and the surgery was perfect but the patient lost a limb in the process, then the medical professional could be held responsible for malpractice.

In order to be able to file a valid malpractice suit, the plaintiff must also prove that a competent attorney could have been able to avoid financial loss or at least minimize the size. This is commonly referred as the "but for" test. It is also essential to show that the plaintiff has incurred expenses in pursuit a successful legal claim, that is higher than the amount demanded in compensation.

Our medical malpractice lawyers are able to explain the various types of damages that could be suffered in a malpractice lawsuit including past, present and future medical expenses and lost income, as well as pain and suffering and other economic and non-economic losses. The higher the award the more serious the injury. However, a decision that is successful could be reversed in appeal. Settlements outside of court can be beneficial for certain clients. It can save time and money on litigation costs, aswell as avoiding the possibility of having a jury decide a case on the basis of emotions rather than facts.