How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits can be a bit complicated. There are specific guidelines to be followed including a specified time period in which the suit can be filed.

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

Complaint

Once your attorney's investigation has found evidence that fraud has occurred, he or she will file a complaint in court along with a summons. The complaint will identify the defendants and make the allegations you make against them.

Malpractice claims are based on the notion that a doctor or healthcare provider owes the patient a minimum standard of care. This is the standard of competence and care the reasonably prudent doctor who has similar training would apply in similar situations. Your legal team must demonstrate that your doctor did not adhere to this standard and resulted in you suffering quantifiable injury.

It isn't easy to prove that a doctor's standards are the same as another doctor's. This is why it is essential to select a law firm that has access to experts who can provide testimony about the medical field and what a reasonable professional in your doctor's situation would have done.

It's not just doctors who make mistakes, but so can hospital personnel, like anesthesiologists and nurses. This is especially true for emergency room staff, as mistakes are often attributed to the crazed atmosphere and overworked staff. Your lawyer may be able to obtain testimony from experts in the emergency department who can explain the proper procedure and why your doctor's actions did not meet the standards.

Discovery

During the discovery process, your attorney will gather and review evidence that could be used to support a malpractice claim. This includes medical records and witness statements, as in addition to expert testimony. The information could also be requested by the opposing legal team. This usually happens through interrogatories as well as requests for production of documents. Certain documents could be classified as confidential or privileged because of privacy laws such as HIPAA and its Privacy Rule.

You must also prove your injury is due to the negligence of the doctor. This is the most difficult aspect of a medical malpractice claim because it requires expert witness testimony to support your claim.

Your lawyer will also depose any witnesses that can support the doctor's negligent actions. This could include radiologists dentists nurses, assistants, and others who were involved in the treatment of your health. Your lawyer will be proficient at taking strong and effective depositions to convince these witnesses to admit that the doctor was negligent.

Most lawsuits are settled, or settled before they reach the trial stage. This is especially true in medical malpractice cases since the cost of a trial can be very expensive. Once the facts are established then you can negotiate a settlement with the insurance company that covers the doctor. If a settlement cannot be reached, your case may be heard in court.

Trial

Your attorney will file a lawsuit after completing the initial investigation. If they determine that you have a strong case for malpractice, then they will file it. The complaint will clearly state the allegations and be sent to the defendant along with the summons.

The next stage is discovery. This involves the exchange of medical records and depositions of witnesses. Your lawyer will make use of the evidence to show that your doctor violated the standard of care. The objective is to establish that the error resulted of the doctor's negligence and caused damages.

In addition to the witness's testimony In addition to the witness statement, your medical malpractice attorney will work with one or two experts to support your claim. They will be provided with medical records and specific information about your case in preparation for their deposition and testimony. They can also assist in preparing your case for trial.

As part of the trial preparation, your attorney will begin negotiations for settlement with the defense. The process continues throughout the case and can sometimes last for several years. In this time, you are recovering from your injuries and determining the severity of your damages. It is in everyone's best interests to settle the matter out of court and avoid litigation whenever it is possible. Your attorney will carefully assess the merits of any settlement proposal with your current and potential recovery. If the settlement is reasonable and fair, then your lawyer will advise you to accept it.

Damages

During the discovery process, plaintiffs must show that their losses were significant and that the negligence of the defendant caused those damages. If, for example, the doctor failed to inform the patient of the 30% risk that the procedure would result in the loss of leg, and the surgery was perfect but the patient lost a limb or limb, the doctor could be held accountable for negligence.

To have a viable malpractice suit, the plaintiff must also prove that a competent lawyer could have been able stop their financial loss or at a minimum, lessen the amount. This is sometimes referred to the "but for test". It is also required to show that the plaintiff has paid for expenses in the pursuit of a successful legal claim, which are greater than the amount they seek in compensation.

Our medical malpractice lawyers can explain the various types of damages that could be caused by a malpractice lawsuit including future, present and past medical expenses loss of income, suffering and pain and suffering, as well as other non-economic losses. The higher the award, the more serious injury. A verdict that is successful could be rescinded by appeal. Settlements that are not in court may be advantageous for some clients. It can save time and money in costs for litigation, as well as avoiding the risk of having a jury judge a case based on the basis of emotions rather than facts.