How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits can be a bit complicated. There are specific guidelines that must be met with a specific time frame within which the suit may be filed.

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

Complaint

Your lawyer will prepare a court-appointed complaint and summons after he has found evidence of malpractice. The complaint will name the defendants and describe the allegations you have made against them.

Malpractice claims are based on the idea that nurses, doctors or other healthcare providers owe a patient the highest standard of care. This is the amount of competence and prudence that a reasonably prudent doctor with the same training would employ in similar situations. Your legal team must to prove that your doctor did not meet this standard and caused injuries to which you sustained quantifiable damages.

It isn't easy to prove that a physician's standards are comparable to another doctor's. This is why it is important to hire a law firm that has access to experts who can give testimony on the medical field and what reasonable medical professionals in your doctor's situation would have done.

Not only doctors can make mistakes, but so do hospital staff, such as nurses and anesthesiologists. This is especially true for emergency room staff, where errors are usually due to a crowded environment and overworked employees. Your lawyer could be in a position to secure experts from emergency room staff who can explain what could have been done differently and how your doctor failed to meet the standard.

Discovery

During the discovery phase the attorney will collect and look over evidence that might be used to support a malpractice claim. This includes medical records, witness statements expert testimony and more. These records can be requested by the opposing legal team. This is typically done via interrogatories and requests for production of documents. However, certain materials could be confidential or protected because of privacy laws, such as HIPAA and its Privacy Rule.

You must also prove that your injury is the result of the doctor's negligence. This is the most difficult component of a case involving medical negligence as it requires an expert testimony to support your claim.

Your lawyer will also depose witnesses who can prove the doctor was negligent. This includes radiologists, dentists nurses, assistants, nurses and other personnel who were involved in the care of your health. Your lawyer will know how to conduct powerful and effective depositions to ensure that these witnesses accept that the doctor was negligent.

The majority of lawsuits are settled prior to trial. In medical malpractice cases it is a common practice because the cost of going to trial can be quite 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 be heard in court.

Trial

After your attorney completes the initial investigation and determines you have an excellent malpractice case, they will file the complaint. This will clearly state the allegations and must be handed to the defendant with a summons.

The next phase is discovery. The next stage involves discovery. This includes the exchange and deposition of witnesses. Your lawyer will use these documents to prove the doctor's breach of standard of care. The objective is to establish that the error resulted of the doctor's negligence and caused damages.

Your medical malpractice attorney will also work with one or more expert witnesses in support of your claim. They will be provided with medical records and specific information about your case to prepare for their testimony and deposition. They can also assist you in preparing your case for trial.

Your lawyer will begin negotiations with the defense as part of the preparation for trial. This process is ongoing throughout the trial and can sometimes last for many years. During this time, you are recovering from your injuries and determining the magnitude of your damages. It's in everyone's best interest to settle the matter out of the court and avoid litigation as often as possible. Your lawyer will carefully evaluate the merits of any settlement offer against your current and potential recovery. If the settlement is reasonable, then your lawyer will be able to convince you to accept it.

Damages

During the discovery phase, plaintiffs need to show that their losses are substantial and that the negligence of the defendant caused these damages. If, for example, the doctor did not inform the patient of the 30 percent chance that the procedure could result in the loss of a leg, and the procedure was perfect, but the patient lost a limb and limb, then the medical professional could be held responsible for malpractice.

To have a viable legal action, the defendant must also show that a competent lawyer would have been able to stop their financial loss or at least minimize the size. This is commonly referred to as the "but for" test. It is also important to prove that the plaintiff incurred costs in pursuing a successful legal claim that is higher than the amount demanded in compensation.

Our medical malpractice lawyers can explain the various kinds of damages that can be awarded in a case of malpractice, including past, current and future medical expenses as also loss of income as well as pain and discomfort and other non-economic loss. In general, the more serious the injury, the greater the amount of compensation. A decision that is found to be a success could be overturned through an appeal. Therefore, settling out of court could be a good option for certain clients. It will save money and time in litigation fees. It also reduces the risk of a juror choosing a case based on emotions rather than facts.