How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits are a complex matter. There are specific guidelines to be followed, which include a time limit within which the lawsuit may be filed.

In addition to proving negligence, the claimant must prove that the doctor's actions led to injuries and losses. This will require medical and hospital records.

Complaint

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

Malpractice claims are based upon the belief that nurses, doctors, or other healthcare providers owe a patient a certain standard of care. This standard is defined as the degree of care and skill that a reasonable medical professional trained similarly would apply in similar circumstances. Your legal team needs to show that your doctor did not meet this standard and caused injuries to which you sustained quantifiable damages.

A doctor's standard of care is often a matter of opinion and is often difficult to prove. It is essential to find an attorney who has access to experts in the medical field to testify about what a reasonable doctor would have done.

Not only physicians can make mistakes, but so do hospital personnel, such as nurses and anesthesiologists. This is especially true for emergency room personnel, where errors are usually due to a crowded environment and malpractice lawsuits overworked workers. Your attorney may be able to get testimony from experts in the emergency room that can assist in proving the correct procedure and how the actions of your doctor were not up to the standard.

Discovery

During the discovery phase, your attorney will gather and review evidence that could support a malpractice claim. This includes medical records, witness statements expert testimony and more. The other side's legal team will also have the opportunity to request this information from you and your attorney. This can be done via interrogatories or malpractice lawsuits requests for documents. Certain documents may be considered to be confidential and confidential due to privacy laws, for instance HIPAA's Privacy Rule.

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

Your lawyer will also interview any witnesses that can prove the doctor's negligent actions. This could include nurses, assistants radiologists, dentists, and others who were involved in your care. Your attorney will be skilled in preparing powerful and effective depositions to convince these witnesses to admit that the doctor was negligent.

The majority of lawsuits are resolved or settled before they reach the trial stage. This is especially common in medical malpractice cases as the costs involved in a trial can be very expensive. Once the facts of your case have been established, a settlement could be negotiated between you and the insurance company of the doctor. If a settlement isn't reached, your case could proceed to trial.

Trial

When your lawyer has completed the initial investigation and concludes that you have an excellent malpractice case, they will file the complaint. The complaint will be clear in its claims and will be served to the defendant with a summons.

Discovery is the next step. This includes the exchange of medical records as well as depositions from witnesses. Your lawyer will use these evidences to prove your doctor's breach of standard of care. The objective is to prove that the error was the result of the doctor's negligence and caused damages.

Your medical malpractice attorney will also work with one or more expert witnesses to back your claim. These experts will be given medical records and specific information regarding your case in order to prepare for their deposition and testify. They may also help prepare your case for trial.

As part of the preparation for trial, your attorney will begin settlement negotiations with the defense. The process can take several years. During this time, you are recovering from your injuries and determining the magnitude of your damages. When you can, it's in everyone’s best interest to avoid litigation and settle out of court. Your lawyer will carefully weigh the advantages of a settlement offer against your present and long-term recovery. If the settlement seems reasonable your lawyer will convince 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 caused these damages. For example, if the doctor failed to inform the patient of the 30 percent likelihood that the procedure will result in the loss of a limb, and the surgery was perfect but the patient lost a limb, then the medical professional could be held liable for malpractice.

To be able to bring a valid malpractice lawsuit, the person who is suing must also prove that a competent lawyer could have been able to prevent their financial loss or at the very least, reduce the amount. This is sometimes referred to as the "but for" test. In addition, it is necessary to demonstrate that the plaintiff incurred costs in pursuit of a successful legal claim that are more than the amount sought for compensation.

Our medical malpractice lawyers are able to provide an explanation of the different types of damages that could be granted in a malpractice law firms case including past, current and future medical expenses as along with loss of income and pain and discomfort and other economic or non-economic loss. The higher the award is, the more serious injury. A decision that is found to be a success could be rescinded by appeal. So, settling outside of court can be a good alternative for some clients. It will save time and money on litigation fees, as well as avoid the potential risk of having a jury decide a case on the basis of emotions rather than fact.