How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits are a complex matter. There are specific guidelines to be adhered to including a time limit in which the suit can be filed.

The claimant also has to prove that the actions of the doctor caused injuries and losses. This will require hospital and medical documents.

Complaint

Once your attorney's investigation has found evidence that fraud was committed, he will file a complaint with the court, along with summons. The complaint identifies the defendants in the case and outlines the allegations that you are making against them.

Malpractice claims are based on the premise that nurses, doctors, or other healthcare professionals owe patients the same level of care. This is the level of skill and caution an appropriately prudent doctor who has similar training would apply in similar situations. Your legal team will have to prove that your doctor violated this standard and caused injuries to which you suffered quantifiable damages.

It can be a challenge to prove that a physician's standards are comparable to another doctor's. It is crucial to choose an attorney who has access to experts in the field of medicine to testify on what a professional of reasonable standards would have done.

It's not just doctors who make mistakes, but also hospital personnel, such as nurses and anesthesiologists. This is particularly true for emergency room staff, where mistakes are frequently made due to a chaotic environment and overworked staff. Your attorney might be able to get testimony from experts in the emergency department who can explain the proper procedure and how the actions of your doctor did not meet this standard.

Discovery

During the discovery stage the attorney will gather and examine evidence that could help in proving a malpractice case. This includes medical documents, witness statements expert testimony, and more. The information could also be requested by the legal team opposing the case. This is done by interrogatories or requests for documents. Certain documents may be considered to be confidential and secret due to privacy laws, such as HIPAA's Privacy Rule.

You must also prove your injury was the result of a negligence of the doctor. This is the most challenging part of a malpractice case since it requires expert witness testimony that proves your claim.

Your lawyer will also call any witnesses that can prove that the doctor's actions were negligent. This could include radiologists, dentists nurses, assistants, nurses and other personnel who were involved in the treatment of your health. Your lawyer is skilled at taking strong and effective depositions to convince these witnesses to admit that the doctor was negligent.

Most lawsuits are settled prior to trial. For medical malpractice cases, this is especially common as the costs of going to trial can be expensive. Once the facts are established you can negotiate a settlement with the doctor's insurer. If no settlement can be reached, the case may proceed to trial.

Trial

Your attorney will file a lawsuit after completing the initial investigation. If they conclude that you have a compelling case of malpractice, then they will file it. This will clearly state your claims and will be served on the defendant along with a summons.

The next step is discovery. The next phase involves discovery. This includes the exchange and deposition of witnesses. Your lawyer will make use of these documents to prove your doctor's violation of the standard of care. The objective is to prove that the error was the result of negligence on the part 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 testimonies. They may also help in making your case ready for trial.

Your lawyer will initiate settlement discussions with the defense as part of the preparation for trial. This process continues throughout the course of the trial and malpractice lawyer may last for many years. During this period, you'll be recovering from your injuries and determining the magnitude and value of your losses. If possible, it's in everyone’s best interest to avoid litigation and settle out of court. Your lawyer will carefully consider the advantages of a settlement offer against your present and long-term recovery. If the settlement seems reasonable, your lawyer will encourage you to accept it.

Damages

During the discovery phase, plaintiffs be required to prove that their losses are substantial and that negligence on the part of the defendant contributed to the damages. For instance, if the doctor failed to inform the patient that the procedure had a 30% chance of losing a limb, and the procedure was carried out perfectly but the patient lost their arm or limb, the doctor could be held accountable for malpractice.

In order to have a legitimate malpractice suit, the plaintiff must also prove that a competent attorney could have been able to reduce their financial loss, or at a minimum, lessen the size. This is sometimes referred to the "but for test". It is also important to show that the plaintiff's expenses to pursue a successful legal claim which are in excess of the amount sought as compensation.

Our medical malpractice lawyers are able to explain the various forms of damages that may be caused by a malpractice lawsuit including past, present and foreseeable medical expenses and lost income, as well as suffering and other economic and non-economic losses. Generally, the more serious the injury, higher the award. A decision that is found to be a success could be challenged by an appeal. Settlements that are not in court may be beneficial to some clients. It can save money and time in court costs. It also eliminates the risk of a juror ruling on a case based upon emotions instead of facts.