How to File a Medical Malpractice Lawsuit

Medical malpractice law firm suits are complex. There are specific guidelines to follow, including the time frame within which a lawsuit can be filed.

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

Complaint

Your lawyer will make a court complaint and summons after he has discovered evidence of malpractice law firm. The complaint identifies the defendants in your case, and clearly outlines the allegations that you are making against them.

The basis for malpractice claims is the notion that a doctor or nurse or other healthcare provider is obligated to a patient a standard of treatment. This is the amount of expertise and prudence the reasonably prudent doctor who has similar training would apply in similar situations. Your legal team must show that your doctor violated this standard and resulted in you suffering quantifiable injury.

The standard of care a physician provides is often a matter of opinion, and it is often difficult to prove. This is why it is important to hire a law firm with access to expert witnesses who can testify on the medical field and what reasonable professionals in your situation would have done.

It's not only doctors who commit medical errors, hospital personnel, including nurses and anesthesiologists, also are susceptible to making mistakes. This is especially true for emergency room staff where mistakes are often made due to a busy atmosphere and overworked personnel. Your lawyer may be able to get an expert opinion from the emergency room staff who can demonstrate the circumstances that led to the incident and the reason why your doctor failed to meet the standards.

Discovery

During the discovery process the attorney will gather and analyze evidence that could be used to support a malpractice claim. This includes medical records and witness statements as in addition to expert testimony. The legal team representing the other side may also be able to obtain this information from you and your attorney. This is done through interrogatories or requests for documents. Certain documents could be privileged or confidential due to privacy laws like HIPAA and its Privacy Rule.

You must also prove your injury was caused by the doctor's negligence. This is the most difficult aspect of a case involving medical negligence since it requires expert testimony to support your claim.

Your lawyer will also interview witnesses who can prove the negligence of the doctor. This could include radiologists, dentists nurses, assistants, nurses and other people who were involved in the treatment of your health. Your attorney will know how to take effective and strong depositions in order to get these witnesses acknowledge that the doctor's negligence.

The majority of lawsuits are settled before they go to trial. This is particularly common in medical malpractice cases as the costs involved in a trial can be very high. Once the facts are established then you can negotiate an agreement with the insurance company of the doctor. If a settlement isn't agreed upon, your case will go to trial.

Trial

After your attorney completes the initial investigation and determines you have a strong malpractice case they will file the complaint. This will clearly state your claims and will be served on the defendant along with a summons.

The next phase involves discovery. The next step involves discovery. This involves the exchange and deposition of witnesses. Your lawyer will make use of these evidences to prove the doctor's breach of standard of care. The aim is to prove that the error resulted of negligence by the doctor and caused damages.

Apart from the witness's statement Your medical malpractice lawyer will work with two or more expert witnesses to support your claim. These experts will be given medical records and specific information about your case to prepare for their deposition and testimony. They can also assist you in preparing your case for trial.

As part of the trial preparation, your attorney will begin negotiations for settlement with the defense. This process could last for several years. During this period, you'll be recovering from your injuries while determining the extent and value of your injuries. If you can, it is the best option for everyone to avoid litigation and settle outside of court. Your attorney will carefully weigh the merits of a settlement offer against your present and long-term recovery. If the settlement seems reasonable the lawyer will advise you to accept it.

Damages

During the discovery phase, plaintiffs will be required to prove that their losses are significant and that the negligence of the defendant contributed to the damages. If, for example, the doctor did not inform the patient of the 30 percent risk that the procedure would result in the loss of leg, and the procedure was flawless, but the patient lost a limb, then the medical professional could be held responsible for negligence.

A victim could also prove that a competent lawyer could have prevented or mitigated their financial loss. It is sometimes referred to the "but for test". In addition, it is important to show that the plaintiff's expenses to pursue a successful legal claim that are over the amount sought for compensation.

Our medical malpractice lawyers can explain the various types of damages that could be sustained in a malpractice lawsuit including past, present and foreseeable medical expenses, lost income, suffering as well as other non-economic losses. The higher the award the more serious the damage. However, a decision that is successful could be reversed in appeal. Settlements that are not in court may be beneficial for certain clients. It will save money and time in court costs. It also avoids the possibility of a jury choosing a case based on emotion rather than fact.